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Ban the Box

Suffolk Legislator Susan Berland was at the head of changing ban the box legislation. File photo

The Suffolk County Legislature voted overwhelmingly March 17 to pass a piece of legislation that “bans the box” and restricts employers from asking about criminal histories in job applications.

The new law aims to allow those with criminal convictions to have more employment opportunities without the stigma of past criminal history. In addition, supporters of the bill have said that it would help those individuals rehabilitate and reacclimate into society. 

“There were a lot of hoops that were unnecessary, though we all agreed that we wanted to take the question off the application.”

— Susan Berland

County legislators have been trying to pass ban-the-box legislation since last year, but the latest breakthrough came late last month when lawmakers announced they had reached a bipartisan agreement on a new amended piece of legislation. Legislator Susan Berland (D-Dix Hills) sponsored the bill, while Kevin McCaffrey (R-Lindenhurst) and Samuel Gonzalez (D-Brentwood) were co-sponsors. 

“This law allows applicants with criminal records to have the opportunity to get their foot in the door, have that face-to-face with an employer and get that interview,” Berland said. 

In addition, the law gives the applicant the chance to address their criminal history with a prospective employer earlier if they choose to and protects the employer’s right to investigate the backgrounds of its applicants after an initial interview.

Berland said the new amended legislation protects both sides. She believed previous versions of the bill placed too much onus on employers, requiring them to wait an extended period of time until they could inquire about an applicant’s arrest or conviction record, and disclose to applicants the reason why they were not hired. 

“There were a lot of hoops that were unnecessary, though we all agreed that we wanted to take the question off the application,” the legislator said. 

Advocates have said Suffolk County has one of the largest parole populations in the state and that one in three adults have a criminal record in the U.S. According to PolitiFact, a fact-checking website, the FBI considers anyone who has been arrested on a felony to have a criminal record, even without a conviction. Effectively, one in three adults in the U.S. have a criminal record, but far less have actually been convicted. 

Supporters of the bill have said the ban would afford people a second chance, instead of having their applications discarded on the basis of one answer. Also, it would reduce the stigma and bias associated with individuals with a criminal background. Suffolk County will join more than 150 municipalities and 35 states in the U.S. which have implemented ban-the-box laws. 

“You can’t help but be affected by their stories,” Berland said. “These people have made mistakes, but they want to turn their lives around.”

Co-sponsor McCaffrey said in a statement that individuals deserve an opportunity to put their best foot forward in a job interview without being automatically disqualified. He said the legislation “strikes a fair balance.”

Gonzalez, the other co-sponsor, said he believes access to gainful employment will improve the quality of life for people with criminal records and the communities in which they live, ultimately reducing recidivism and increasing public safety. 

“We have been working on this legislation for quite some time — it’s a good day,” Berland said. “These are people that want to better themselves as well as families. This will get them in the door based on their application.”

Advocates say businesses asking applicants if they’re convicted felons often leaves them jobless. Stock photo

A piece of legislation that would restrict employers from asking about criminal histories in job applications could be voted on by Suffolk lawmakers in the near future.

At a county Legislature meeting earlier this month, legislators said that they had reached a bipartisan agreement on “Ban the Box” legislation and plan to present the bill at a later date. 

County Legislator Samuel Gonzalez (D-Brentwood) along with Legislators Susan Berland (D-Dix Hills) and Kevin McCaffrey (R-Lindenhurst) plan on making amendments on the bill. 

“People makes mistakes in their lives, I’m sure each of you have made mistakes.”

— Melissa Bennett

More than 20 people came out in support of the bill at a Feb. 11 meeting. Those who spoke agreed that it would allow former convicts the ability to become better contributing members of a community while helping them rehabilitate and reacclimate into society. 

“I would like applaud the Legislature for making progress in supporting fair hiring practices in Suffolk County — it’s about time,” said Serena Liguori, executive director of New Hour, a Long Island nonprofit organization advocacy group that supports women, mothers and children impacted by incarceration. “We have worked with more than a thousand women across the county who have convictions. Most of them need employment when they come home.” 

The executive director of the nonprofit said she hopes a potential passage of the legislation could lead to making strides around other issues. 

Besides employment, “many of the women we help talk about housing and the lack of it, [and] transportation,” Liguori said. 

Melissa Bennett, Huntington resident, said she believed individuals deserved a second chance. 

“People makes mistakes in their lives, I’m sure each of you have made mistakes,” she said. “We’re human, it happens. Without banning the box, you are essentially [putting people] in a box.”

Elizabeth Justesen, community outreach director of the Legal Aid Society of Suffolk County, also stressed the need to eliminate the application question. 

“Last year this bill lost by one vote,” she said. “For those who came out here every month [to the Legislature] it was a blow. We sat in disbelief in the Legislature’s inability to vote on human dignity.”

The community outreach director pointed out that one in three people have a criminal record in the U.S. Other advocates of such legislation, such as New York Gov. Andrew Cuomo (D) have also made the claim in the past, though according to PolitiFact, a fact-checking website, the FBI considers anyone who has been arrested on a felony to have a criminal record, even without a conviction. Effectively, one in three adults in the U.S. have a criminal record, but less have actually been convicted. 

Though Justesen said with Suffolk County’s numbers of people on parole, people with convictions have it harder than it needs to be.

“In Suffolk County … with the largest parole population in the state, how can we expect them to get up on their feet and reintegrate to our communities if they cannot work,” Justesen said. “The time has come to do what is right and give people the chance to interview.” 

Supporters have contended the ban would give applicants a chance to explain their crimes, in turn increasing their chance of getting hired, reducing crime and the number of repeat offenders being sent back to jail. More than 150 municipalities and 33 states in the U.S. have implemented “Ban the Box” laws. 

Gonzalez spoke on the future of the legislation. 

“We have been fighting the fight on this bill for a very long time, and we have been continuing to come together to iron out our differences,” he said. “We all felt that we needed to get this thing put in. … I think we are headed in the right direction on this issue.” 

Local business owners are concerned about what the legislation could mean for them. The Suffolk County Alliance of Chambers encouraged members to voice their opinions on the issue. 

“It is imperative that you know what your elected officials are voting on and have a chance to share your concerns before additional regulations are forced on you which ultimately might make it harder to operate a business here in Suffolk County and New York state,” the organization said in an email. 

Last year, county legislators voted 9-8 against the measure. Lawmakers were concerned about putting too much onus on the employers. The previous version of the bill required employers to wait until after an initial interview to inquire about an applicant’s arrest or conviction record, and disclose to applicants the reason why they were not hired. 

At the time, Berland did not support some of the requirements. The legislator said she didn’t think people who have a criminal record should get more benefits than others, noting that people with no criminal records do not learn why they were passed over for a job.