Many expect legislators in Oklahoma to pass legislation that would help ex-felons. Should it pass in the next session, it would improve employment and housing opportunities for those who have served their time. The bill in question is Senate Bill 1077 (SB 1077), a “ban-the-box” type law.

“Ban-the-box” laws have become increasingly common and helped many as they became popular. Nearly 70 million Americans have a conviction or arrest record, making it difficult to find work or housing. As such, approximately 35 states and over 250 municipalities have enacted “ban-the-box” laws to help overcome obstacles due to their criminal backgrounds. For example, they often prohibit employers from including questions about an individual’s criminal history on job applications. 

Applications Before Ban-the-Box

In the past, many job applications had a box to check if applicants had a criminal record. As such, laws prohibiting questions about applicants’ criminal history on job applications became “ban-the-box” laws. These laws did not stop at banning the box. Some versions also prevent employers from inquiring about criminal history before offering a conditional offer of employment.

If passed, SB 1077 would ban employers from asking applicants if they have a felony on a job application. It would also prevent employers from asking during the hiring process. However, the employer may conduct a background check if they have made a conditional offer of employment. The new law would also require employers with a policy of refusing to hire ex-felons to disclose this information on their job applications.

Previous Reviews

SB 1077 previously made it past the Senate Business and Commerce Committee. Unfortunately, it never got a hearing on the Senate Floor. Nevertheless, Senator Jack Stewart said he would push the legislation again during this session. However, he mentioned that the bill may undergo amendments as well.

Though Oklahoma already has a “ban-the-box” law, it applies to state agencies only. This regulation took effect after a former Governor of Oklahoma signed an executive order in 2016. It required state agencies to remove any questions about criminal history from their applications. However, the current law has some exceptions. For example, employers at state agencies may inquire about an applicant’s criminal history during interviews. They may also conduct background checks on applicants after offering a conditional offer of employment.

If revived and passed, SB 1077 would benefit job seekers and employers. However, it may require employers to review and adjust their hiring policies to comply. One way to ensure compliance is by working with an experienced background check company. The right partner will ensure compliance with “ban-the-box” and other employment laws.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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Monroe County employers impacted by “ban the box” legislation may have to consider another law. In a recent 20-9 vote, the county passed the Monroe County Fair Chance Employment Act. This bipartisan Act prohibits local government positions from requesting information about criminal history through applications. 

Legislators introduced this Act due to Monroe County’s Commission on Racial and Structural Equity report. In 2021, it offered suggestions for addressing inequalities, including racial discrimination in local governance. One such recommendation included the implementation of “ban the box” regulations. Supporters noted that applications requesting criminal background information impacted Black and Latino job seekers more than others.

The new regulations offer exemptions from criminal background inquiries. One mentioned example includes law enforcement positions, which require stricter background screenings. The Act also allows limited criminal record inquiries by the county. However, such checks must happen after the candidate receives a conditional offer of employment.

Employers should note that the Monroe County Fair Chance Employment Act primarily affects county government positions. This clarification reflects the popular trend in employment laws concerning “ban the box.” As such, most employers will go unaffected.

The National Conference of State Legislatures indicated that over half of states and over 100 cities have enacted similar legislation. Many supporters of “ban the box” emphasized the importance of stable employment for individuals returning to society. For example, they often point to studies that steady jobs support reform for those with criminal histories, reducing the likelihood of relapsing. 

Supporters have also acknowledged that many job seekers with criminal backgrounds feel automatically disqualified from public service positions. As such, “ban the box” legislations promise a broader pool of talent by assuring these individuals they can apply like anyone else. This assurance addresses the inequality otherwise found in hiring.

While the scope of this particular Act is limited, “ban the box” legislation could improve individuals’ odds of employment. It also encourages employers to consider more diverse talents in the labor pool. However, limiting the laws to specific sectors, such as public versus private, can confuse employers.

Employers should consider partnering with a trusted background screening provider. A reliable partner can keep them compliant with complex and ever-shifting employment laws. In addition, they can explain locally-relevant rules and what checks to use in the hiring process. Another way to stay ahead is by considering “ban the box” practices even in areas that do not enforce it.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Contact a sales rep today.

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