Colorado Politics

McCann’s ‘ban the box’ bill advances, would strip questions on criminal histories from job applications

A Democratic bill that would remove questions about criminal convictions from first-round job applications cleared a first hurdle in the House Judiciary Committee Tuesday. Minority member Republicans, citing concerns of employers, voted against the bill as a bloc, signaling its doubtful prospects in the Republican-controlled Senate.

House Bill 1388, the “ban the box” bill — the “box” is felony conviction answer box that appears on job applications — would however continue to allow employers to ask applicants during interviews about past convictions.

Bill sponsor Rep. Beth McCann, D-Denver, said the issue is about public safety and successfully reintegrating convicts into society.

Republicans characterized the bill as well-intentioned government overreach. They say it will cost employers and job applicants time and money.

“What we’ve seen in other states (that have passed ban the box bills) is that more people with criminal records do get hired,” McCann said. “If there is an opportunity for the person to explain why they have the criminal history, how long ago it was… people actually end up getting hired and being successful. It really isn’t extending the (hiring) process. (Employers) may have to review a few more resumes, but that’s to their benefit.”

A stream of witnesses spoke in favor of the bill, including many former felons who said they faced repeat roadblocks on the way to starting new lives.

Representatives from National Federation of Independent Business, the Southwest Metro Chamber and the Colorado Association of Commerce and Industry spoke against the bill. They said it would strip business owners of the power to run their businesses as they see fit. They said that their member companies have hired felons and many of them have become top employees. Still they balked at the idea of the government intruding on their hiring practices.

Rep. Joe Salazar, D-Thornton, a member of Judiciary, characterized opposition as overstated. You’re saying “the sky would fall” without offering any evidence, he said.

Minority Leader Brian DelGrosso, R-Loveland, the owner of several Domino’s Pizza outlets, opposes the bill. He called the criminal-convictions box on applications a “conversation starter.” He said it hasn’t stopped him from hiring employees with criminal records.

“Businesses want to hire the best employees possible,” he said. “They want to get great workers, so allowing a business to make a decision that they feel is the best for their business is going to allow that business to flourish.

“You’ve already seen large companies (banning the box), but that’s an individual company’s decision,” he said adding that applicants would want to know if a past conviction precludes them from getting hired before they trudge off to an interview.

“I don’t think it’s going to help anybody get hired who wouldn’t be hired already, the way it is now,” DelGrosso said.

Gov. John Hickenlooper said during a press conference this week that he understood both sides of the issue, especially given his experience as a brewery owner.

“You got core principles on both sides,” he said. “If a business is going to hire someone, if there’s criminal activity in someone’s past, it seems reasonable business would want to know about that. I certainly recognize and support a business’s desire to (ask those questions).

“On the other hand, we hear story after story after story of people who have had a nonviolent crime in their background 20 years ago and every time they fill out an application it goes immediately into the discard pile,” he continued. “I think the compromise might be that a business can ask and have the job candidate reveal any background legal issues, but not have it be on that first application form.”

McCann, who is running for Denver District Attorney this November, said the bill fits into her overall philosophy on criminal justice. She believes rehabilitation and reintegration must be seen as integral factors in a successful system. She said she’s been told her bill will get a fair hearing in the Senate.

“We are working with Senators to try and explain the importance of the bill. My understanding is we’ve been assured that it will not be an automatic kill, that it won’t go directly to a kill committee,” she said.

Ramsey@Coloradostatesman.com


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