SB 200 ensures that the State of Alabama, its agencies, and its political subdivisions cannot ask a prospective employee if they have ever been arrested for or convicted of any crime, with certain exceptions. A state employer may ask a prospective employee about their criminal background, but only after a conditional offer of employment is made. A state employer may withdraw the offer of employment after learning of the prospective employee’s criminal conviction background if the prospective employee has a conviction that is directly related to the job. SB 200 also establishes clear criteria for state agencies to consider during the screening process when evaluating a person’s prior criminal history.
Helps make our communities safer. Alabama has approximately 24,000 people in its prisons and another 13,000 in its jails. The vast majority of those individuals will be released and return to their communities. To reduce the recidivism rate, the U.S. Department of Justice has identified three key elements to successful re-entry into our communities. One of these key elements is helping these individuals find and keep a job. This legislation is a first step toward realizing a key element to reducing recidivism and making our communities safer.
Better ensures a second chance for Alabamians who have already paid their debt to society. Under current law, an otherwise fully qualified applicant can be denied employment long after they have completed their sentence. This practice erects counterproductive hurdles in front of individuals seeking to rebuild their lives and provide for their families. Denying a person’s application without considering their qualifications or rehabilitation prevents people who’ve completed their sentence from getting a fair chance at a fresh start.
African Americans are disproportionately harmed by the criminal history background box on employment applications. Because African Americans are disproportionately caught up in our criminal justice system, they are disproportionately harmed when seeking employment. For example, even though African Americans and whites use marijuana at roughly the same rate, African Americans are more than four times more likely to be arrested for marijuana possession in Alabama. Thus, those individuals will be disproportionately impacted when filling out a job application that includes a criminal history box. This bill offers an opportunity to begin to address the long-term consequences of a criminal justice system that disproportionately harms African Americans.
Protects Alabama from having to hire an individual whose criminal conviction is directly related to the job. Under this legislation a state employer would be permitted to withdraw the offer of employment after learning of the prospective employee’s criminal conviction background if the prospective employee has a conviction that “is directly related to the position of employment sought.” For example, this provision protects a state employer from being forced to hire a convicted embezzler to keep its books.
Helps protect state employers from claims of discrimination. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance document for entities covered by Title VII, including state and local governments, to help eliminate unlawful discrimination in the employment hiring process. As outlined in the guidance document, an employer must show that the selection criteria use or selection procedures are “job related and consistent with business necessity.” Specifically related to an applicant’s criminal record, the guidance says that the individualized screening process should consider “at least the nature of the crime, the time elapsed, and the nature of the job” or otherwise comply with the EEOC Uniform Guidelines on Employee Selection Procedures. SB 200 establishes clear criteria for state agencies to consider during the screening process when evaluating a person’s prior criminal record, which will better protect state agencies from claims of discrimination under Title VII.
SB 200 is a win-win! It better ensures that Alabamians are judged on their merit, not their mistakes and protects state employers.