Surprise Unanimous Vote on ‘Ban the Box’ Prohibition


Regarding SB 312 (Use of Criminal History in Hiring), the Indiana Chamber talked with committee members prior to the hearing to secure support, and numerous business organizations testified in favor of the bill.

The Indiana Chamber was represented by Chris Schrader, a member of our Labor and Employment Policy Committee. Schrader is also the director of government affairs for the Indiana State Council of SHRM. He commented that employment decisions should be made on the basis of qualification, not on factors with no bearing on the ability to perform job-related duties. The Equal Employment Opportunity Commission has provided comprehensive guidance to employers regarding consideration of criminal records in the selection process: (1) the nature or gravity of the offense or conduct; (2) the time elapsed since the conviction; and (3) the nature of the job sought or held. These points provide adequate protection to job seekers while at the same time permitting employers to safeguard both their interests as well as the public’s.

The Indiana Manufacturers Association, Employ Indy, the Indy Chamber, the National Federation of Independent Business, Indy Solutions, the Indiana Hospital Association, the Indiana Apartment Association and the Indiana Retail Council all supported the bill. Some of those testifying favored the first half of the bill which dealt simply with prohibiting “ban the box” (the box on an application asking about criminal history). Several testified in favor of the second half of the bill (amended into the measure on second reading in the Senate) regarding criminal information of an employee could not be introduced as evidence against an employer in certain circumstances (referred to as a limited immunity). There is some debate over the effectiveness of this part of the legislation; similar language has been used in Colorado.

Indianapolis City Councilman Vop Osili also testified; he was the author of the city of Indianapolis’ ordinance to “ban the box” in regard to vendors working with the city. He said that he didn’t like to see his legislation be “gutted” but given the potential positive impact of the limited immunity he could support what was being attempted despite it preempting the city’s ordinance.

Given the unanimous vote in committee, we anticipate that the bill will pass the House.

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