Case Study: Fair Chance Hiring

Justice Action Network played a critical role in banning the box for federal employment.

The Fair Chance to Compete for Jobs Act of 2019 postponed request for criminal history information from job applicants until the applicant has received a conditional offer of employment. It began as House Resolution 1076, sponsored by Reps. Elijah Cummings (D-MD) and Doug Collins (R-GA), and Senate Bill 378, sponsored by Senators Ron Johnson (R-WI) and Cory Booker (D-NJ). The legislation was eventually passed as an amendment to the National Defense Authorization Act.

From the beginning, Justice Action Network deployed an aggressive range of tactics to advocate for this reform, maintain media attention on the issue, and drive continued bipartisan cooperation on criminal justice reform at the federal level.

In March, Executive Director Holly Harris testified in favor of the legislation in front of a joint session of the House Oversight and Government Affairs Committees, co-chaired by Reps. Gerry Connolly (D-VA) and Jamie Raskin (D-MD). She testified along with R3 Technologies’ Founder and CEO Teresa Hodge, answering nearly 90 minutes of questions from members of both committees. The bill passed out of committee by a voice vote and was added as an amendment to the National Defense Authorization Act.

While Congress was debating making it easier for people with criminal records to gain federal employment, the White House quietly rolled out a proposed rule requiring applicants to disclose participation in diversion programs. Justice Action Network,FreedomWorks, and the Center for American Progress were able to draw media attention to the proposed change, and drive public comment in opposition to the rule. Just one month after proposing the change, the Office of Personnel Management withdrew the rule.

Back on the hill, Justice Action Network worked with a bipartisan coalition to meet with legislators and express support for fair chance hiring policies. A coalition letter from American Conservative Union, Faith and Freedom Coalition, FAMM, FreedomWorks, Justice Action Network, JustLeadershipUSA, Leadership Conference on Civil and Human Rights, National Employment Law Project, Prison Fellowship, R Street and Safer Foundation was widely distributed to key congressional offices, which bolstered bipartisan support.

To shore up conservative support for fair chance hiring, we worked with Matthew Charles to place an op-ed in the New York Post. In it, he highlighted the challenges faced by returning citizens, and noted that “landing and keeping a job is the best proven path to keeping folks from turning back to a life of crime.” He called on Congress to continue the bipartisan work that started with the First Step Act, and pass the Fair Chance Act.

We commissioned a poll from Public Opinion Strategies, and found more than 80% of respondents supported the Fair Chance Act. The support was high across the board, with 72% of Republicans, 85% of Independents, and 91% of Democrats saying they support the proposal. By a margin of nearly four-to-one, Americans said they were more likely to re-elect their Member of Congress if they voted for the Fair Chance Act.

As the vote came closer, Holly Harris appeared on MSNBC’s Morning Joe with Alice Marie Johnson to build support for fair chance hiring. Johnson spoke about her own experiences and the need for second chances. Clips from the interviews ran throughout the day.

And on the eve of the vote, JAN placed an op-ed from Kevin Madden, Executive Vice President of Advocacy for Arnold Ventures, and Heather Higginbottom, President of the JPMorgan Chase PolicyCenter. They wrote about the success major American employer—like Target, Coca-Cola, Walmart, and JPMorgan Chase—had seen from implementing fair chance hiring practices, and encouraged the federal government to set a good example for other employers. They also noted that the Fair Chance Act was a legacy piece for Rep. Cummings, who had passed away in October.

The bill was ultimately passed as an amendment to NDAA on December 20, 2019, codifying existing policy into federal law. In enactment of the law, the federal government joined 35 states and the District of Columbia that have banned the box. This initiative has generated momentum for subsequent fair chance hiring reforms across the states and will continue to drive the national reentry discourse.