Think Outside The Box When It Comes To The Fair Chance Act

A few weeks ago, the 69th Precinct Community Council in Canarsie held its first job fair. Other than State Senator John Sampson's enormous career fair that takes place every year, Canarsiens – especially young ones - don't have many opportunities where recruiters come to their community and present employment opportunities.

As President of the Community Council Gardy Brazela repeatedly told the community before the fair, young people are less likely to get involved in gun violence and gangs if they have a job and professional responsibilities. Making money and building a financial foundation would certainly seem like a deterrent from picking up a weapon or stealing someone's iPhone after you've attacked them in broad daylight...

But let's say you're an employer and you've just hired this amazing young man who seems motivated and inspired to get his foot in the door. What you didn't know, thanks to the passing of the Fair Chance Act, is that this fellow did a few years in jail for a crime he didn't commit – he was simply an accomplice during a gang shooting during which the weapon was found in his possession while the real criminals got away... You won't be provoked to inquire about his criminal history because the “box” that asks applicants about prior convictions will no longer be located on a job application.

I have to admit that I'm on the fence when it comes to “Banning The Box.”

On one hand, we can't discriminate against those who have committed a crime and want to redeem themselves and make their way back into society. On the other hand, if you're an employer who manages, say, a bank or prestigious financial business, do you want to hire someone who has already consciously decided to break the law? And what if this person has returned to the system several times in the course of only a few years?

I do believe that there are a melange of careers that ex-cons could take on where they won't be ashamed to expose their past. Becoming a social worker and helping families rebuild themselves or becoming a motivational speaker for at-risk youths are professional paths that an ex-felons may find gratifying.

Even though the Fair Chance Act doesn't require employers to hire applicants with criminal records, and it doesn't prevent employers from running background checks, don't employers have a right to know if their business can be compromised by someone who's had an extensive rap sheet that spans over a decade?

Everyone makes mistakes...once...maybe twice...

Consider this – the State Department of Corrections and Community Supervision figures show an interesting recidivism rate. Among inmates – from 1985-2010 in Kings County, records show that 2,663 criminals were released and the return rate was 37.9 percent – that's 1,009 criminals. It would certainly be discriminating to judge someone – and assume they have potential to return to the prison system – just because of an extensive record - no matter what the offense may be.

I think employers should have the right to know what type of crime their potential employee has committed, if any. Trusting someone with your company's money and property – knowing they've been convicted of grand larceny, possession of a weapon and even assault – could make you think twice about their character, morals and values.

We already live in a society where upper class billionaires are involved in money laundering schemes and wind up doing serious time for embezzlement. If they want to work when they get out of the slammer, they might not have to check off the box when they get out of prison because of how highfalutin they are – but they should be required to provide this information too!

I'm not saying that all criminals will repeatedly practice bad behavior.

According to a recent press release from the Legislative Gazette, Gov. Andrew Cuomo's Raise the Age New York Campaign aims to reduce recidivism, crime and costs to the state by increasing the age of criminal responsibility from 16 to 18. Right now, the state automatically “condemns a 16-year-old to a life without redemption,” Cuomo said.

“Without this reform, hundreds of young people each year will continue to be placed in adult prisons, where they face limited opportunities to rebuild their lives,” he added.

Brooklyn Congresswoman Yvette Clark believes that a 16-year-old does not have the culpability of an adult since research from the Raise the Age New York Campaign suggests that cognitive development is important – and that the human brain is not fully formed until the age of 25.

Twenty-five???? So – does that mean an employer should overlook multiple convictions that an applicant committed before their mid 20s? Did they commit a non-violent offense at an age where they just “didn't know any better” and were influenced by being put through an unfair legal system?

Another question is, should employers require older applicants, who have numerous convictions, provide information about their criminal history because they're NOT young and they're NOT being swayed by their peers to make poor decisions?

Surely, an adult knows better than to walk into a bodega and terrorize the employees at gunpoint so they can steal a few hundred dollars from the register. What excuse are we making for THIS individual, who would like to turn their life around after doing time in prison? If an adult's “cognitive development” convinced him that brandishing a gun and threatening a business is a moral idea – INSTEAD OF GETTING A JOB - what will their “cognitive development” process be when it comes time to working in the real world?

Any information on a job application could be considered too invasive and discriminatory- “Gender? What the hell do I LOOK like I am...and why does it matter!” We can also forgive and look beyond mistakes that happened years ago, knowing the applicants paid their debt to society and want to make things right in their life. 

Obviously, every job requires the applicant be trustworthy, honest, committed and dedicated to their task. Only the job applicant knows if they will be able to commit – without committing another felony.

Unpublished as of June 17, 2015