U of R students study employment fairness for convicted criminals

When Manmit Dhami was in her sophomore year attending the University of Redlands she reluctantly took Jennifer Tilton’s Race and Criminal Justice class to satisfy an ethic studies requirement.

That class changed her.

“I feel so empowered now,” said Dhami, now a junior. “I feel like I’m a part of a community. I feel like what I’m doing matters. I’m changing people’s lives in positive ways.”

Dhami and the rest of her class spent last year researching implementation of Assembly Bill 218 — or “the Ban the Box initiative,” passed in July, 2014, which gives people convicted of a crime more access to public jobs from the city, county and state level.

But her classmates’ research found that the Inland area is not implementing the rule change. Some cities in Riverside and San Bernardino counties didn’t even know the law existed according to Tilton, who led the study.

They will present “report cards” at a town hall meeting, and launch the The IE Fair Chance Coalition today from 5:30 to 7 p.m. at the San Bernardino Diocese, 1201 E. Highland Ave. in San Bernardino. The group is made up of U of R students and faculty and community leaders, including Time for Change Foundation, Riverside All of Us or None, Starting Over Inc., Center for Employment Opportunities, IE Concerned African American Churches, Inland Congregations United for Change, California Partnership and the ACLU of Southern California.

The U of R report that several human resource policies are not written or sufficiently detailed to guarantee fair or consistent evaluation of criminal records in the hiring process. They say application language often discourages people with criminal records from applying and does not clearly state a commitment to fair hiring.

Riverside County received the highest grade, with a B. Lake Elsinore, Fontana, Highland and San Bernardino County all received Ds. The grades measured the existing barriers to fair hiring and provided departments with a roadmap for change.

“Until you work in partnership with the community, they don’t understand substantial problems around them or understand how to actually change policies,” said Tilton. “They feel powerless. Connecting them with community leaders doing the changes they want to see is the first step.”

Junior Raquel Anakalea was one of the students who felt powerless.

“My dad has been in and out of prison my whole life,” said Anakalea. “I’m not close to him because he’s been in and out of my life.”

She was raised by her mom, aunt and grandmother. It was hard on them because he was unable to get employed because of his criminal background. Even now he isn’t able to help her pay for her tuition, books or housing.

“I have issues that most people on this campus just don’t have to face,” said Anakalea. “Jobs, that’s the biggest most obvious way to end the cycle of recidivism.”

Senior Jewel Patterson has lived in San Bernardino County her whole life and has members in her family who are unable to find good public jobs because of their criminal background. She was part of the first class to work on the project. She conducted interviews with people who had served time.

“We got stories from formerly incarcerated people,” said Patterson. “We wanted to put a face on the issue.”

The students spent two years researching HR departments. In addition to the interviews they called HR departments, followed up with elected officials poured through public policy documents and spent hours on phones with lawyers. Each of the women has been subsequently volunteering with nonprofits involved in criminal justice and launching IE Fair Chance Coalition to give a voice to people who have been discriminated against because of their criminal background.

This was Tilton’s goal all along, to connect students to issues affecting the community and get them to be agents of change.

“I wanted them to do some research useful in the community to understand how public policies played out in the Inland Empire,” said Tilton. “I’m so proud of the work they have done. They’re having a tangible positive impact in the community. The work they’re doing is giving HR departments a roadmap to better implement this law.”

Tilton also wanted to change stigmas around people with criminal records.

Dhami’s research focused on the city of San Bernardino. But that’s not the biggest impact the class had. Her older sister has been incarcerated twice. After her sister got out of jail her family treated her differently, and so did Dhami.

“Oh I totally had a stigma and that hurt my relationship with her. I was like, oh yeah she’s a criminal, she wasn’t my big sister anymore. These stigmas hurt people and hurt families. I reconnected with my sister. She saw the work I did on the campaign on Facebook and was proud.



“It’s become so much more than a class. The people who we worked with they had a positive impact on my life too.”

Don't miss the Riverside Strong Communities Forum!

I am ready to spread the word!

Attending the panel discussion on barriers to employment for people with felonies, at the University of Redlands, was one of my first experiences since getting out of prison where I truly felt a part of something. The fact that it involved my personal experiences and the ones I left behind made it easy for me to engage in discussions that I have knowledge and passion about. I was able to identify with the questions and give honest feedback that I feel will contribute to change in policies that create barriers to people with past felony convictions. This experience not only  gave me visuals of all the things that are at my fingertips that can benefit me and my struggles, but it was one of the most exciting moments I have had since getting out of prison. It was empowering to know that the community I live in actually wanted to receive the information I had to give without judgment; their understanding made me feel appreciated.

There are lot of programs and resources in prison, but due to our limited contact with the free world, we are unaware of paths that are being paved for our benefit on the outside, so it was really refreshing to discuss AB 218, also known as Ban the Box, and Proposition  47. I felt honored that I was invited to this event. It showed me that my wants and needs are being recognized and understood. To meet new people, hear what they have to say about such a passionate issue of mine, was so touching to my heart. I was able to show my feelings of appreciation with those around me by giving some insight of the employment struggle that I am going through and how Prop 47 will affect my everyday living with those around me.

Overall, I felt very involved being a part of a group of people that are trying to help people like me who want to make a change for themselves. Knowing my position as a citizen in the community and what I can do for myself and for my community has empowered me to spread the word using the information that was given to me in my present situation and the future. I am ready!

                                                                                                                                        LeSaundra Jenkins 

Ruthie's Experience

Last week I joined some of the ladies at Time for Change Foundation to speak to criminal justice students at the University of Redlands. I had a great time sharing my experience with the students. Not only was I able to provide them with useful information, but I was inspired and learned new and useful information. I was motivated to keep trying, to not give up. Searching for a job after incarceration has been really hard, and doing so with a felony seems impossible. My felony is looked at and judged, which leads to me never getting a call back, but with this experience I am encouraged and want to someday help others with helping themselves; what I am doing now for myself. 

I participated in a panel where we discussed and learned more about AB 218 Law, Banning the Box on employment applications and how to be sure that any employers are in compliance with the law. It ensures that public employers provides a chance to hire on individuals that qualify for the position and eliminates discrimination due to their past mistakes.

We also discussed Prop 47, which reclassifies 6 petty crimes from felonies to misdemeanors. As a group, we talked about the barriers of finding employment as a felon, or just having a criminal background in general.

I am thankful to be a part of something so important and I cannot wait for the next opportunity to share with others what it is like for us. I am learning how to use my voice and it feels so empowering!

Ruthie Roys

February 23, 2015   

A Fair Chance

Our nation is finally getting “smart on crime” after decades of policies like the War on Drugs. Today, we’re a nation where almost one in three adults—that’s 70 million people—has an arrest or conviction record.

That record has become a scarlet letter for job-seekers who can’t even get their foot in the door for an interview. Local communities have responded by adopting fair-chance hiring laws to ensure that people with records aren’t locked out of employment.

The movement is growing fast. More than 100 cities, counties, and states have adopted fair-chance hiring policies—42 in the past year alone. And that’s paving the way for action at the federal level. Here's how you can help.

Please SIGN THIS PETITION urging President Obama to take executive action to create a federal fair-chance hiring policy that covers federal agencies and contractors. There’s strong bipartisan support for opening up opportunity for millions of Americans unfairly shut out from the job market.

NELP’s new report, Advancing a Federal Fair-Chance Hiring Agenda, makes the case for reform and lays out a detailed plan. Read more about it in the Washington Post.

Over the coming months, NELP and our partners in this effort, All of Us or None and the PICO National Network, will be working to build pressure for presidential executive action, so that everyone has a fair chance at federal agency and contractor jobs. Thanks for your support!

—Maurice, Michelle, and the NELP team

Push to ban crime box on job applications expands

San Francisco Supervisor Jane Kim wants to make this question virtually obsolete on job applications in San Francisco: Have you been convicted of a crime?

Kim is proposing to expand the city's existing ban by having it include most private employers, publicly funded housing providers and city contractors.

Ten states and more than 50 cities have adopted some version of "ban the box," and a growing number of private employers are also jumping on board - earlier this year, Target announced it would strip the question from its applications. The federal government recommends that step as a best practice for all employers.

In a nation where an estimated 65 million people have a criminal history - 7 million in California alone - supporters see the proposal, dubbed the Fair Chance ordinance, as a win for not only former offenders but also society at large.

San Francisco has banned most city agencies from asking that hiring question since 2006. This year, the state of California did the same.

Movement began here

"This started in San Francisco," said Jesse Stout, policy director for the nonprofit Legal Services for Prisoners with Children, whose All of Us or None campaign has helped push "ban the box" laws across the country.

"Now that we've banned the box for public employment in so many places, we are back to fight to expand this to include private employment and public housing. ... If we want our communities to be safe, that requires everyone having a fair shot at the necessities of life like housing and employment."

The question still gets asked on applications for jobs, such as law enforcement, where a criminal history is relevant, and those potential employers are not barred from inquiring; they may simply reserve that question for later in the hiring process.

The latest San Francisco proposal will be introduced Tuesday by Kim, along with Supervisor Malia Cohen, whose districts are home to the highest number of former offenders in the city. Their offices have worked alongside business leaders for 11 months to craft the proposal.

Getting past mistakes

"There's a growing awareness that it makes no sense to keep people out of job opportunities just because of a mistake in their past," said Michelle Natividad Rodriguez, a staff attorney with the National Employment Law Project, which works for employment rights of lower-wage workers.

"Why do we want people with a record employed? It leads to a stronger economy, it helps public safety. ... People get disillusioned if they are turned down again and again for something they did 10 years ago," she said. "All the expectations around (rehabilitation) are that you need to get a job, make sure you support your family - of course people want to do that, but if they are not even given a chance to interview, how do you get there?"

A forgotten arrest

Donel Fuller, a Tenderloin resident, is wondering the same thing. Fuller was fired from a janitorial job this year after his employer discovered that he had failed to note a 1974 arrest for misdemeanor trespassing on his job application - even though he had noted his actual convictions, including felony welfare fraud.

"I was surprised when I got the call," said Fuller, a soft-spoken man. "I didn't even remember that (arrest). ... I put all the most recent things I remembered."

He has been looking for work ever since and believes his criminal past is the reason he can't find work. The criminal history question, said Mathew Martenyi, a former lawyer who spent three years in federal prison on a marijuana conviction, creates a conundrum for ex-offenders.

"If you are qualified for a job, and can do a job, you don't want to lie, but if you don't, there's no assurance you can get the job. What the ordinance is trying to do is say, 'Let's all be up front,' " said Martenyi, an organizer with All of Us or None. "We're not asking for anything other than to be judged by our skill set, experience and qualifications."

Employers who have hired former offenders say they are often the hardest-working, most honest employees.

"My first company was a parking business, and they were the best people I ever employed," said William Ortiz-Cartagena, who sits on the city's Small Business Commission. "It's funny, (valet) parking has a stigma, that something is always going to get stolen, and our reputation was immaculate. That made me feel good."

Ortiz-Cartagena knows both sides: He spent more than two years in federal prison on drug charges as a teenager but, after his release, got a chance from Joie de Vivre Hotels founderChip Conley. He started as a valet and worked his way up into management, then went on to found numerous businesses.

He was one of a number of business leaders who worked with Kim to ensure that her proposal wouldn't be too big of a burden on businesses.

Ordinance evolves

Kim said the ordinance has changed significantly from its original version because of that input. It now will only apply to those with 20 or more employees, it will allow businesses to conduct background checks after a live interview instead of after a conditional offer of employment, and it does not allow applicants to sue.

Ultimately, the legislation will allow applicants to at least explain their past and what they've done to overcome it, said Meredith Desautels, a staff attorney at the Lawyers'Committee for Civil Rights, which runs a monthly clinic in the Fillmore to assist people who have a criminal history find housing and jobs.

The rise of online applications has made that nearly impossible, she said.

"As soon as they check that box and hit 'next,' it says, 'Thanks, you won't be considered.' Back in the day, you could say, 'Let's discuss this,' but if it's online, there's no chance," she said. "Once there's a box on an application, it closes doors in ways that don't make sense."

Marisa Lagos is a San Francisco Chronicle staff writer. E-mail: mlagos@sfchronicle.comTwitter: @mlagos

AB 218 Fairness in Government Hiring Practices

AB 218 (Dickinson) helps level the playing field for qualified Californians to compete for jobs and promotes public safety by reducing unnecessary job barriers for the nearly seven million adult Californians with a criminal record. The bill applies to state agencies and city and county employers by delaying a criminal background check inquiry until later in the application process. Please send in your organization’s letter of support for AB 218 by March 25th.

Send in your letter of support on your organization’s letterhead to Assembly Judiciary Committee via fax at 916-319-2188 and to Assemblymember Dickinson via email Taryn.Kinney@asm.ca.gov or fax (916) 319-2107 (Attn: Taryn Kinney).

Please cc: Michelle at mrodriguez@nelp.org for tracking purposes.

 

[LETTERHEAD]

 

[DATE]

Chair Bob Wieckowski and committee members

Assemblymember Roger Dickinson
Assembly Judiciary Committee
1020 N Street, Room 104
Sacramento, CA 95814
Via facsimile (916) 319-2188
Via electronic mail Taryn.Kinney@asm.ca.gov or facsimile (916) 319-2107

RE: SUPPORT FOR AB 218

Dear Chair Wieckowski, committee members, and Assemblymember Dickinson:

[ORGANIZATION] strongly supports AB 218, which helps level the playing field for qualified Californians to compete for jobs and promotes public safety by reducing unnecessary job barriers for the nearly seven million adult Californians with a criminal record.

AB 218 removes the question about an individual’s criminal history from state, city, and county job applications while permitting a background check later in the hiring process. Studies have shown that stable employment significantly lowers recidivism and promotes public safety. All of California will benefit when people with criminal records are no longer shut out of jobs and can financially support their families and contribute to a strong economic recovery.

[DESCRIPTION OF ORGANIZATION; WHY ISSUE IS IMPORTANT TO ORGANIZATION; IF APPROPRIATE, INCLUDE ANY STORIES OF WORKERS]

In California and around the country, qualified job applicants are plagued by old or minor records and discouraged from applying because a “box” on job applications requires criminal history information that leads many employers to unfairly reject their applications. Because people of color are especially hard hit, the U.S. Equal Employment Opportunity Commission (EEOC) recently endorsed as a best practice removing the question about conviction histories from job applications to maximize compliance with federal civil rights law.

AB 218 follows the lead of six states and over 40 U.S. cities and counties that have removed the conviction history inquiry from initial job applications in public employment and instead delayed a criminal background check until the later stages of hiring. AB 218 allows people with a conviction history to compete fairly for employment without compromising safety and security at the workplace. The bill exempts jobs for which a criminal background check is legally required and law enforcement related positions.

Public sector employers in California have a special obligation to pave the way for the private sector to reduce barriers to employment of people with criminal records. For these reasons, [ORGANIZATION] strongly supports AB 218.

Sincerely,

[NAME]
[TITLE]