Ban the Box: When Do You Admit That You’re a Felon

There are around 70 million Americans with an arrest history or a criminal record. For that portion of the population—one in three adults, according to the National Employment Law Project—getting a job can be tough.

In some cases, private employers, such as Target, Home Depot, and Walmart, have chosen to make it a bit easier by not asking questions about criminal background on their applications. In some cases, cities, counties, and states have actually passed legislation prohibiting such questions. These so-called “Ban the Box” laws don’t mandate that employers must hire felons. They simply require that criminal background inquiries occur later in the hiring process, typically after an in-person interview or conditional offer of employment.Ban the Box

Among the county’s major employers, Ithaca College, Borg Warner, and Cayuga Medical Center all either declined to comment or failed to respond to questions about their policies regarding the hire of individuals with criminal backgrounds. Cornell University, Tompkins County, and the City of Ithaca all said that they do inquire about criminal background, but that it is not an automatic bar to employment.

Although neither Tompkins County nor any of its included municipalities has banned the box yet, nearby Syracuse has. Alan Rosenthal, an attorney with the Center for Community Alternatives in Syracuse, helped see that law through. However, the Syracuse law does not apply to all employers, but only to the city and its contractors. He said, “As we’ve seen [Ban the Box] implemented around the country there have been basically three versions. The first is the one that is the most narrow, the one in which the governmental entity—city, county, or state—bans the box for government employees only. The second is the one which applies to government entities and any business that contracts with government entities. Then the third, the one that is the broadest and gives the best of protections, takes the two that I’ve already mentioned and adds to it any private business within the locality.”

While none of the Tompkins County businesses interviewed for this article were willing to comment on Ban the Box, in some areas business interests have vocally opposed it. In an article for, Director of Labor and Human Resources Policy for the Ohio Chamber of Commerce Sean Chichelli wrote, “Businesses ask candidates about their criminal histories on job applications in order to reduce liability and costs. Preventing them from doing so at the point of application only delays the necessary information they need right away.” Typically, Ban the Box advocates argue that delaying those questions allows applicants to be judged on their skills and experience rather than being summarily rejected for their pasts.

Rosenthal said that those with criminal backgrounds are not the only ones to benefit from the passage of Ban the Box legislation: “The benefits that flow from that are that if a person [with a criminal background] gets a job they now are a taxpayer, so there’s a benefit to the municipal entity in which they live. Now they’re paying taxes, they’re no longer in need of public assistance. There is the additional benefit that employment reduces the recidivism rate.” He added, “The Koch brothers have banned the box. Liberals shouldn’t be running away from this.”

Mayor Svante Myrick said that the city has talked about Ban the Box legislation in the past, but the matter never came to a vote. However, he voiced his support for the concept, saying, “If we deny people meaningful employment, we’re all but guaranteeing that they’ll go back to prison.”

One group of Cornell students, the Prison Reform and Education Project (PREP), has been actively raising awareness on the issue in recent months and one of the group’s leaders, Garrison Lovely, said that PREP has plans to address the Common Council about it during their regular May meeting. Lovely said, “We believe if you are sentenced and serve your time, you should not be punished repeatedly. It contributes to high recidivism.”

Legislator Leslyn McBean-Clairborne (D-Ithaca) said that, like the city, the county has briefly talked about Ban the Box legislation, but she did not recall where the conversation ended.

Legislator Dan Klein (D-Danby) said, “I think we should give serious consideration to this idea. The number of people in prison, and how they integrate back into society when they are out, is an issue that affects everyone. Ban the Box legislation could help with this problem without causing any difficulties for employers or restricting their rights.”

On the other side of the aisle, Legislator Dave McKenna (R-Newfield) said, “I’m not totally in favor of it, but I don’t know enough yet.”

Paula Ioanide, an Ithaca College professor who has been active regarding issues of incarceration and race, urged action on the issue. She said, “I keep wanting to hold Tompkins County accountable to their supposed promise to be at the forefront of alternatives to incarceration, and I think this county’s openness to reentry into formal labor markets would be a huge gesture in that direction. Less talk, more action.”

This article was originally published on Photo and story by Keri Blakinger.


Civic Ensemble’s New Theater Reentry Program

“If we want to keep people from committing crimes they need a job and therefore you need to hire people have convictions on their record,” said Lisa Ellin. To help make that happen, Ellin, a community activist, has teamed up with Civic Ensemble to teach a reentry playwriting class with the ultimate aim of presenting personal plays to potential employers.

The 9-person class, which includes former state and county inmates from Tompkins and Cortland counties, has been meeting twice a week for eight weeks in preparation for a final performance at Hangar Theatre at 6:30 p.m., on Wednesday, April 22.

Sarah Chalmers

Sarah Chalmers, Civic Ensemble’s director of civic engagement, explained that the goal of the class is to present formerly incarcerated potential employees to local employers in a more personal setting that will allow employers to know these men and women for more than the box they check on a job applications. She said, “It’s an opportunity for everyone in the community to sort of open our minds a little bit to the humanity of each individual. There’s a stigma around having been incarcerated that doesn’t allow for differentiation.” She added, “The more employers get the chance to meet people who were incarcerated outside the interview, the better.”

Although she’s not actually a member of Civic Ensemble, the class was originally Ellin’s idea. Previously, Ellin had worked with the acting troupe during last year’s play about community and police relations. Now, when she had an idea for a reentry program, she brought it right to Civic Ensemble. Chalmers said, “She came to us and said, ‘I want this to happen. I’m passionate about criminal justice and theatre and I want to do this.’” So, along with Civic Ensemble’s Artistic Director Godfrey Simmons, Jr., Chalmers and Ellin got together and started a class.

Opportunities, Alternatives, and Resources helped spread the word and find applicants, all of whom were accepted. A number of local companies and charities as well as individual donors helped provide the funding to make the class a reality and as a result, the class not only includes transportation but also a $200 stipend upon completion.

“The class is really delving into the nuts and bolts of playwriting,” said Chalmers. Ellin explained that meant beginning with reading and analyzing other monologues and eventually moving on to have the students write their own pieces individually or in pairs. The final performance will be a collection of these short monologues and dialogues.

Jose Pellot, one of the class participants said, “The drama class is blowing my mind.” He’s working on a play about a man who gets out of jail and tries to go straight, but ends up getting framed for something he didn’t do.

Jose Pellot

Briana Forest, who is taking the class alongside her husband, said that her play is not about her own struggles with the justice system, but about the effect of her husband’s struggles on the rest of the family. She said, “I’m going to write about how my husband’s been wrongly accused of things in the past and been incarcerated for it and he’s been in jail while I’ve been at home being a single parent for my first child. So I have struggled to care of all of us on my own, so that’s kind of what I’m writing about.”

Echoing Forest’s concerns, Ellin said, “There are families who are suffering because the father or mother isn’t working. We need to expand the work force and we have people who come out of prison with some great skills. How can we say we’re a community when we’re continuing to exclude a certain group of people? That’s not what Ithaca’s about.”

Teheran Forest

The show is free to attend, but interested individuals are encouraged to sign up online in advance at

The article, by Keri Blakinger, originally appeared on