On Nov. 25 — the day before Thanksgiving — Portland City Council voted 5-0 to approve a “ban the box” ordinance that goes much farther than a state law passed earlier this year.
The Oregon law bars employers from asking via a box on initial employment applications whether applicants have ever been arrested or convicted of a crime. Portland’s ordinance says businesses can’t conduct criminal background screenings or ask about an applicant’s criminal record until after they make a conditional job offer. Employers can rescind the conditional offer if they conduct a background check and determine in good faith that a particular offense is job-related — but they’re also supposed to consider the nature and gravity of the offense, and the amount of time elapsed since it was committed.
The idea of “ban the box” is to give those convicted of crimes a better chance at lawful employment after they’ve served their sentences. It’s estimated that roughly 70 million people in the United States have arrest or conviction records. Employers are increasingly conducting routine criminal background checks and barring applicants who have records, without giving them a chance to show they’ve reformed.
The Portland ordinance would change that. It doesn’t apply to employers with five or fewer workers, or to employers in the criminal justice system or who are required by federal, state, or local law to consider an applicant’s criminal history.
“We’re the city of Portland; we believe in second chances,” said Oregon AFL-CIO President Tom Chamberlain, testifying to City Council in favor the ordinance. The ordinance came about because of a campaign led by the Urban League of Portland and the
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The ordinance takes effect July 1, 2016.
