10 Oct GOVERNOR SNYDER SIGNS EXECUTIVE ORDER THAT “BANS-THE-BOX” ON STATE EMPLOYMENT APPLICATIONS
MASUD LABOR LAW GROUP
By: David Bryce
On September 7, 2018, Gov. Rick Snyder signed an executive order instructing all state departments and agencies to remove from their job applications a question asking job-applicants to check a box if they have been convicted of a felony. Gov. Snyder’s executive order does not apply to private sector employers.
“Banning-the-box” means the removal from a job application of a question asking applicants to check a box if they have a prior criminal record. Proponents of “banning-the-box” contend that employers almost always discard job applications where the “yes” box is checked indicating a prior criminal history. As a result, persons with a criminal record who are otherwise qualified for a job are unable to obtain gainful employment, and lack of employment is tied to increased recidivism rates. The proponents argue that “banning-the-box” will give persons convicted of a crime a better chance to re-enter the workforce, and will benefit society by reducing the likelihood of a person re-offending.
Gov. Snyder’s executive order is part of an increasing trend among state and local governments to “ban-the-box” from job applications. Currently, over 32 states prohibit asking applicants for state employment if they have been convicted of a felony. In addition, over 150 cities and counties have “banned-the-box.”
Gov. Snyder’s executive order went into effect on October 1. In the order, Gov. Snyder stated, “While a job applicant’s criminal record is certainly a relevant consideration in an employment decision, applicants who are filtered out of the process at the beginning simply for having a record are denied the opportunity to show their qualifications.” Pursuant to the order, the state has removed from its job application the question asking applicants to check a box if they have been convicted of a crime. The question about prior criminal convictions does, however, remain for positions that persons with prior felonies are prohibited by state law from holding, for instance, jobs in the healthcare field that require a license. In addition, “banning-the-box” does not prohibit the state from inquiring about criminal history, or conducting a background check, later in the hiring process.
As noted, Gov. Snyder’s order only applies to state agencies; private employers are not affected. Gov. Snyder has, however, encouraged private employers to “ban-the-box.” It obviously remains to be seen whether that suggestion will take root in the private sector and whether the Legislature will take action in the future to make it mandatory. Currently, there are 11 states that require private employers to not include questions about prior criminal history on job applications.