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Follow CapCon on XMichigan U.S. Rep. Introduces Bill to Ban Criminal Background Checks
Detroit Democrat Rep. Hansen Clarke says asking is unfair to job applicants
U.S. Congressman Hansen Clarke of Detroit has introduced a “ban the box” bill that would prevent employers from asking employees about criminal convictions on job applications until they made a conditional job offer.
Applications often have a box that asks applicants if they have been convicted of a crime.
The exception to asking about a criminal conviction in H.R. 6220 is when hiring the person may "involve an unreasonable risk to the safety of specific individuals or to the general public.”
A similar law went into effect in January in Philadelphia.
Eddy McClain, past president of the National Council of Investigation and Security Services, said his organization was against the bill because it was “irresponsible” to offer someone a job without first determining if there is a criminal record.
"We believe it is not practical to be required to offer the applicant a job before even inquiring as to his or her criminal convictions," McClain said in an email. “Often there are multiple applicants who appear to be qualified for jobs and employers need to determine the nature of their criminal backgrounds, if any, before deciding which applicant will be offered the position."
McClain also questioned the validity of the exemption where criminal background checks were allowed if it involved an "unreasonable risk to the safety of specific individuals or to the general public."
"We doubt that a prospective employer would be seriously considering hiring someone whom they thought could be a safety risk," McClain said. "Therefore the exemption is meaningless. And how does one judge safety risks without knowing the background of the applicant?"
McClain and Charles Owens, Michigan director of the National Federation of Independent Business, both said HR 6220 ignores the civil liability risks for negligent hiring.
"It's not unusual for the business to be included in a lawsuit," Owens said. "We are held to a standard, yet we are prevented from finding out if these people had prior problems."
In a letter to his colleagues, Clarke wrote: "Currently, many employers reject applicants in the first round of the hiring process, based even on a nonviolent criminal record unrelated to the position."
He wrote his bill would “allow applicants to be considered based on their qualifications without jeopardizing the security needs of employers."
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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Back-to-School Shopping
It’s that time of year again: Back-to-school deal hunting season.
Hoping to give their kids every possible advantage, millions of Michigan parents will flock to nearby retailers for new school supplies. But before loading up on notebooks, pencils and crayons, parents should remember that their local public school is required by law to supply these necessities to every student free of charge.
The details are laid out in a 2011 Michigan Department of Education memo listing specifically what supplies schools must provide, including pencils, paper, crayons, scissors and glue sticks. In addition, school districts may not charge for registration or any course fees, even for elective courses.
Yet many parents remain unaware that the tax dollars tendered by themselves and their neighbors have already paid for these school supplies. Some school districts improperly suggest that parents are responsible for these supplies. According to the 2012 Huntington Backpack Index, parents will spend between $548 and $1,117 on school supplies and fees for each student on average.
The rationale for requiring school districts to provide these basic supplies is language in the state Constitution requiring the Legislature to “maintain and support a system of free public elementary and secondary schools as defined by law.” The Michigan Supreme Court has ruled that basic school supplies fall under this definition.
So before parents hit the stores, they should beware of paying a second time for supplies they have already funded.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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