Why is New York State rejecting the “Ban the box” movement?

THE DEADWILEY TRUTH

OP-ED COLUMN

Why is New York State rejecting the “Ban the box” movement?

By Eric M. Deadwiley

February 14, 2011

The “Jig is up New York!” I am referring to the absolutely “Ridiculous” assertion – parroted by politicians, political pundits and (some) Non-Profit Advocacy groups, that New York State has the best anti-discrimination laws (that protect formerly incarcerated people) in the country. Their assertions are due to New York States “Infamous” and now “Debunked” Article 23-A of the Corrections Law – which is suppose to prevent job applicants with criminal records from being discriminated on by employers. Empirical studies have proved conclusively that most employers will not hire a person who fills in the “Box” on most job applications. The “Box” I am referring to is the section on most job application which requires a person to divulge if they have ever been convicted of a crime. Thus, the name “Ban the box” was created by a group of formerly convicted people in Oakland, CA – called “All of Us or None.” Many experts studying the affects criminal convictions have on job opportunities have found that people with criminal past have a much better chance of landing a job when they are able to get to the “Interview” phase of the hiring process. 

In fact, a study conducted by Professor Devah Pager et al (Princeton University) found that job applicants with convictions stood a much better chance of being hired – when the applicant has an opportunity to build a “Rapport” with the employer. Article 23-A of the Corrections Law (as it stands now) only allows the applicant to challenge an employer if the employer actually denies the applicant – and admits that the denial is based on the applicants prior criminal record. Thus, employers have learned to “Ignore” or “Discard” applications where the “Box” is checked yes, or simply deny the applicant for reasons not related to their criminal conviction. There is simply no way to prove that an employer is discriminating on an applicant under Article 23-A of the Corrections Law unless the employer out-right admits to it! Most employers would much rather use a “Fabricated” reason for denial – than risk a discrimination lawsuit. Not to mention the fact that there is no law against “Ignoring” an application. Many employers request an online application which is the same as posting your application into a “Black hole.”

This is why New York State Assembly bill #A03809 sponsored by Assembly-member Jeffrion L. Aubry of the 35^th Assembly District has to be passed as soon as possible. This bill (if passed and signed into legislation by Governor Cuomo) would effectively close the “Loop-hole” in Article 23-A of the Corrections Law. This bill is by no means a new bill. This bill has been introduced 3 years in a row. The past two years this bill “Died” without leaving the Corrections Committee which Assembly-member Aubry chairs. The list of states and cities that have passed Ban the Box legislation are steadily growing. Just a few of which are: (1) Austin, TX;

(2) Chicago, IL; (3) Connecticut; (4) Detroit, MI; (5) Hawaii; (6) Jacksonville, FL;

(7) Massachusetts; (8) Memphis, TN; (9) San Francisco, CA; (10) Seattle, WA and

(11) Oakland, CA.

Durham, NC; New York State; New Jersey State; Omaha, NE and Washington, DC either have legislation pending or have groups currently pushing for ban the box legislation. However, New York State is void of bona fide “Ban the Box” advocacy. Nothing less than a dedicated coalition of legislators, community activist and advocacy groups can move this bill forward in a weak Assembly and a Republican lead Senate. In fact, Assembly-members representing districts with some of the highest concentrations of convicted people are not co-sponsoring or multi-sponsoring the bill.

The co-sponsors of the bill are:       

* AD (Assembly District) * (Assembly Districts with large populations of convicted people)

*William F. Boyland; 55th AD         *Karim Camara; 43^rd AD                     Richard N. Gottfried; 75^th AD        

  Ellen Jaffee; 95^th AD                        *Hakim Jeffries; 57^th AD                     Brian Kavanagh; 74^th AD                               

*Vito J. Lopez; 53^rd AD                     *Joan L. Millman; 52^nd AD              *Daniel J. O’Donnell: 69^th AD          

*Annette Robinson; 56^th AD           *Keith L.T. Wright; 70^th AD

The Multi-sponsors of the bill are:

*Barbara M. Clark; 33^rd AD             *Jeffry Dinowitz; 81^st AD                   Deborah J. Glick; 66^th AD

*Carl E. Heastie; 83^rd AD                   Andrew Hevesi; 28^th AD                  Alan Maisel; 59^th AD

  John J. McEneny; 104^th AD             Crystal D. Peoples-Stokes; 141^st AD

  J. Gary Pretlow; 87^th AD                   Bob Reilly; 109^th AD                         Michelle Schimel; 16^th AD

  Harvey Weisenberg; 20^th AD

Assembly-members not currently sponsoring the bill:                        

*Inez D. Barron; 40^th AD                   *Darryl C. Towns; 54^th AD                *Joseph R. Lentol; 50^th AD

*Carmen E. Arroyo; 84^th AD             *Nelson L. Castro; 86^th AD                *Vivian E. Cook; 32^nd AD

*Vanessa L. Gibson; 77^th AD              Dov Hikind; 48^th AD                            Earlene Hooper; 18^th AD

*Rhoda Jacobs; 42^nd AD                   *Guillermo Linares; 72^nd AD                 Margaret M. Markey; 30^th AD

  Nettie Mayersohn; 27^th AD               Grace Meng; 22^nd AD                          Michael Miller; 38^th AD

*Joan L. Millman; 52^nd AD                   Francisco P. Moya; 39^th AD              Catherine Nolan; 37^th AD

*Felix Ortiz; 51^st AD                            *N. Nick Perry; 58^th AD                      *Jose Rivera; 78^th AD

*Peter M. Rivera; 76^th AD                    Samuel D. Roberts; 119^th AD           *Robert J. Rodriguez; 68^th AD

  Linda B. Rosenthal; 67^th AD              William Scarborough; 29^th AD           Sheldon Silver; 64^th AD (Speaker)

  Aravella Simotas; 36^th AD                  Eric A. Stevenson; 79^th AD                Matthew Titone; 61^st AD

  Michele R. Titus; 31^st AD                   Helene E. Weinstein; 41^st AD            David I. Weprin; 24^th AD

Civil Rights/Advocacy Organizations that is silent on the Ban the Box issue:

The National Action Network (NAN)           

The New York Civil Liberties Union (NYCLU)

The New York Bar Association

The National Association for the Advancement of Colored People (NAACP)

The National Urban League (NUL)

These are just a few of the organizations and Assembly-members “Irresponsibly” sitting on the side line of this much needed legislation. Make no mistake – that human beings must earn a living so they can provide shelter for themselves, their families (which often includes children), pay bills and enjoy the rights and liberties our state has to offer. If formerly convicted people are “Unreasonably” denied employment, unfortunately, they will find a way to survive beyond “Legal” means. Yes, I am saying that God-fearing, law-abiding and hard-working citizens like “You” will become victims of “Robberies,” “Burglaries,” “Car-thefts,” “Drug-dealing,” and “Homicides.” These are just a few of the maladies New Yorkers will have to endure if New York States version of the Ban the Box initiative is not passed this year. It is time to hold these elected representatives, civil rights and advocacy groups culpable for some of this crime and despair. “Silence” is not an alternative. Your silence makes you “complicit” in New York States pain.

Eric M. Deadwiley is a Freelance Op-Ed Columnist, Ghost-writer and Author of "Civil Death in New York State, How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People"

Contact:         Eric M. Deadwiley

Email               edeadwiley27@yahoo.com

Blog:               thedeadwileytruth@blogspot.com