Milwaukee senator takes up ‘Ban the Box’ effort

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A Senate bill proposed Friday seeks to give a leg up to convicted felons applying for jobs.

If Bill 257 passes, an employer would not be able to ask about a criminal record before the applicant has been selected for a job interview. To ask before the interview process would be considered discrimination.

The bill has been introduced in the Wisconsin legislature for the past several sessions but never passed. However, similar bills have popped up in other parts of the country, with advocacy groups for former inmates touting the measure as a way to level the playing field for minorities. Such efforts are often referred to as “Ban the Box” laws because job applications often contain a box to check if one has a criminal record.

In Wisconsin, the legislative efforts are sponsored by Sen. Lena Taylor, D-Milwaukee.

Taylor was not available for comment Tuesday, but her chief of staff, Eric Peterson, said the measure is being proposed again to prevent companies from automatically removing convicts from an application process before they have a chance to prove themselves. He said it is a way to tackle the high unemployment and poverty that is rampant in Taylor’s district.

“This is the kind of thing that helps people get to work,” Peterson said, “because they’re not even considered if they have to check that box.”

The Legislative Reference Bureau said employers would still be allowed to let applicants know that people with certain convictions may be barred by the company or by law from taking a particular job.

The bill has not yet been introduced in the Assembly, though the Senate bill lists several Democratic representatives who are cosponsoring the bill.

Mark Johnson, a business attorney with Krukowski & Costello SC, said he has seen similar efforts succeed in other parts of the country.

However, he said he advises his clients not to just have a “blanket prohibition” against employing people with convictions.

“Even if you ask for [a conviction history],” Johnson said, “whether it’s in the application or interview, you want to take into account what were the circumstances and how long ago was it and compare that to the job.”

The Associated Press also contributed to this report.

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