GOP Minority Opposed to ‘Anti-Business’ Climate on BOL
By Dan Murphy
Last week, the Westchester County Board of Legislators passed a law that requires that employers will not ask employers about their criminal history in the initial job application. The long-discussed law – passed by a 11-5 vote – with the four republican legislators and democrat Michael Kaplowitz voting “no.”
The logic behind the law is to give persons with criminal records in their past an opportunity to explain their circumstances when they’re looking for work. The “Fair Chance to Work” legislation eliminates questions about a job applicant’s criminal record on initial job applications, but it does allow for such questions to be asked in interviews. It also allows for background checks after initial application.
The measure will give qualified people a foot in the door when they’re applying for work, even if they may have been convicted for a minor offense, or are working to rehabilitate themselves after a criminal conviction. That’s because the first thing an employer will see will be the applicant’s qualifications, not a marked check box.
“The point of this legislation is to give job seekers a chance to establish a dialogue with prospective employers, not to have any dialogue cut off before it can begin,” said BOL Vice Chairwoman Alfreda Williams. “I am proud that this will be the law in Westchester County. This will make a positive impact on people’s lives, help people make a new start, encourage employment, give employers a wider pool of motivated and qualified workers, and increase the tax rolls simultaneously.”
Legislator Catherine Borgia said she’s happy that Westchester County has joined various states, cities and other municipalities in passing legislation of this sort. “This legislation doesn’t limit background checks by employers, but it will allow job applicants an opportunity to tell their stories when they’re looking for work,” she said. “Eliminating questions of criminal background on initial application is a policy that has been adopted by companies across the political spectrum.”
Legislator Christopher Johnson added: “This is not just an economic justice issue, this is a social justice issue, since a disproportionate number of people of color get caught in the criminal justice system. If any of us was judged by the worst mistake we ever made, none of us would have a job. Our legislation makes sure that job seekers will be considered for an interview not on the basis of those mistakes, but on the basis of their qualifications.”
Employment is one of the most important factors in reducing recidivism rates, but when initial job applications include things like check-boxes disclosing past criminal records, workers often find themselves pre-emptively cut off from opportunities to rebuild their lives.
Laws like this, popularly known as “Ban the Box” provisions, have been passed across the country – including in Kansas, Wisconsin, Connecticut and New York City – and companies like Pepsico, Microsoft, Home Depot, Target, Starbucks, Walmart and CVS have eliminated these questions from job applications.
School districts, employers of police officers, and other employers who are barred by law from hiring applicants with specific criminal convictions, would not be subject to the new measure, which County Executive George Latimer is expected to sign this week.
Minority Leader John Testa warned the democratic supermajority on the County Board not to kill the private sector in Westchester from “death by a thousand cuts.”
“The Democrat legislators’ proposal to prohibit businesses in Westchester County from asking if a job applicant has been convicted of a serious crime is an outrageous overreach into private business and a continuation of their assault on the small business community,” he said. “I disagreed with County Executive Latimer when he ordered that the county will not ask about job applicants’ criminal history, but I accept that it is his prerogative as the executive branch of our government to set those policies for county employment. But to legislate that private businesses can no longer establish their own standards for what type of character and integrity they require in an employee – using past criminal activity as a guide – is a disturbing level of government interference in private business.
“The current legislation has had a few name changes as the laws sponsors sought to make it sound like some moral imperative,” continued Testa. “Another name that the sponsors tried was ‘Fair Chance to Work Act.’ They finally arrived at the current title, ‘Local Law to Prohibit Discrimination Based on One’s Criminal Conviction.’ Thankfully we have a number of federal employment protections for job applicants like race, color, religion, sex, national origin, age, disability, sexual orientation, birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. These are protected classes because they are characteristics – not indicators of character. An individual who has committed a criminal act is not a member of a protected class and therefore a small business owner is not practicing discrimination if they choose to disqualify those applicants.”
Testa also reminded Westchester voters that the legislation requires employers “who may have any number of applicants for a position to offer a ‘written analysis’ to job applicants if they are not hired. This is an affront to the notion of private enterprise,” he said. “I am all for giving individuals a second chance; it has been a mantra of mine my entire adult life as an educator and elected official and many business owners do the same as a matter of choice. To legislate and force business to ignore criminal records of a prospective employee is overreaching at its worst.”
Testa also outlined what he sees as an anti-business climate by the County Board since taking control last year.
“New York State has long held the dubious distinction as the most inhospitable environment for small businesses in the United States,” he said. “Unfortunately, since taking control of the Board of Legislators last year, after four years of bipartisan cooperation, my Democrat colleagues have embraced this anti-business posture in a series of legislative actions that hurt small businesses and put them at a competitive disadvantage in our region.
“Dictating what should be the purview of private business decisions like forcing small businesses with as few as five part-time employees to pay for sick leave will have a profound impact on a small business. Our request to negotiate a compromise that would exclude businesses with less than 10 employees was ignored. The sponsors of the paid sick leave must have understood the law’s negative impact since they excluded Westchester County from following the paid sick leave law for hourly county employees.
“Other legislative overreach into private business practices include legislation that prohibits small business owners from asking about a prospective employees prior salary, dictating application processes to private residential cooperative building associations, proposed red light cameras that will put further strain on commerce – especially Westchester County retail businesses, passing legislation that raises licensing fees for independent home improvement contractors both now and again in a year by almost 50 percent,” continued Testa.
“Small businesses are the real engine of employment in our county and I believe a continuation of this near-sighted agenda will result in ‘death by a thousand cuts’ for some those businesses. It will also make it far more difficult for economic development organizations in our business community to attract and retain the critical small and mid-size businesses that are the lifeblood of our economy. It will cost jobs and further inhibit the success of local small businesses. “While social activism is an important function in society and the Democrats on the BOL have absolute control of the legislative agenda, handing over the reins of the legislative branch to social activists must be balanced against the needs of those who keep our economy going – the risk takers, the employers and entrepreneurs of Westchester County
