Indiana ACLU, NAACP want governor to veto felony hiring bill

A group of 12 civic organizations want to stop Indiana's governor from signing a bill they believe will make it more difficult for former inmates to become gainfully employed members of society.

The ACLU of Indiana, the Indiana State Conference NAACP and others are calling on Gov. Eric Holcomb to veto Senate Bill 312, which would ban the state and municipalities from passing laws and ordinances aimed at requiring employers to remove the check box on applications that asks if applicants have a criminal record.

The bill, which passed through both houses, awaits Holcomb's signature.

Countless county and city governments, including Indianapolis, have enacted measures called "ban the box" laws. Most, but not all, state and local laws are limited to potential public employees. "Banning the box" essentially pushes questions about criminal history to the back end of the hiring process, the job interview.

More on felony hiring practices: Should you know if your new hire is a convict?

Indiana's potential ban on such laws could be effective as early as July.

Barbara Bolling-Williams, president of the Indiana chapter of the NAACP, has written to Gov. Holcomb asking him to not only veto the bill but also sign an executive order that would ban the box on public jobs in Indiana. In February, Kentucky Gov. Matt Bevin signed an executive order that would ban the box on positions in Kentucky's executive branch.

"Criminal justice disparities are exacerbated by challenges that African-Americans face in employment," she said in her letter, adding that African-Americans are disproportionately represented in the criminal justice system.

"This disparity cannot be explained by individual choices about committing crimes," she said. "For example, even though African-Americans use illicit drugs at a similar rate as white people, they are much more likely to be arrested and convicted of drug crimes."

Authored by Sen. Phil Boots, R-Crawfordsville, SB 312 contains an amendment, co-authored by Sen. Chip Perfect, R-Lawrenceburg. The amendment is a new business liability reform measure that would give employers legal protection from any potential illegal actions of employees with criminal backgrounds.

Bolling-Williams questions why the state would not ban the box and maintain the liability reform measure. "It makes no sense," she told IndyStar.

Since 2010, Colorado, Connecticut, Minnesota, New York and Texas have passed negligent-hiring liability laws similar to Perfect's amendment.

Other areas of the country are attempting to enact bills similar to SB 312.

In December, Texas Republican Paul Workman introduced House Bill 577 in that state's legislature that bars local governments from enacting laws that prohibit, limit or regulate private employers’ ability to look into prospective employees’ criminal histories.

Andrew Bradley, a policy analyst at the Indiana Institute for Working Families, also has requested that Holcomb veto SB 312.

He told IndyStar that if passed, the bill does not create hiring options for communities throughout Indiana that face high incarceration rates due to the opioid crisis or for minorities.

"There have been 26 states that have enacted some form of ban the box," Bradley said, adding that he hopes Holcomb will "provide meaningful employment protections" to reduce recidivism and strengthen the workforce within communities.

More than 70 million people in the United States have a prior arrest or conviction record, or nearly 1 in 3 adults, according to the National Employment Law Project.

There is a larger societal incentive to encourage employment opportunities for those with a criminal record. A study by the nonpartisan Urban Institute found that former offenders employed within two months of release were less likely to be incarcerated a year later.

A spokeswoman for the governor said in an email to the IndyStar that "the governor will consider this bill carefully before making a final decision, as he will every bill that makes its way to his desk."

Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter: @fatimathefatima.