Tennessee Lawmakers Vote To Drop Criminal History Question From Many State Job Applications

“Banning-the-box” is a step closer to being official policy in the state of Tennessee.

Tennessee senators voted Wednesday to bar many state agencies from asking jobseekers to disclose on applications whether they have a criminal history.

The measure comes in a response to a national campaign challenging the longstanding practice. Ban-the-box supporters say the questions lead employers to reject many applications out-of-hand for minor offenses, often unnecessarily.

The push to ban the box has largely come from Democrats — State Sen. Sara Kyle, D-Memphis, introduced the proposal, Senate Bill 2440.

But even many Republicans say banning the box is a good idea. Senate Majority Leader Mark Norris says applicants can’t know if checking the criminal history box prevented them from getting a job interview, but they do know when they’ve been given a second chance.

“Even if it’s one person. What harm does it do? And what good can it do?” Norris says.

Even some opponents say they agree with the goal. But they think each agency should be free to set its policies individually.

“We need to encourage the reentry into the workforce,” says state Sen. Jack Johnson, R-Franklin. “But the Department of Human Resources testified, in committee, that they can do this. … Rather than have a blanket policy in (state law) that prohibits all departments and agencies from asking this question, we should encourage them to think about whether they need to ask the question.”

Some lawmakers argued it didn’t go far enough. State Sen. Bo Watson, R-Hixson, noted that the proposal wouldn’t cover private companies that contract with the state, local governments and the Tennessee Department of Education.

“Let’s not fool anybody with this,” Hixson says. “My concern is we’re telling the public that we’ve made this great, noble move to advance the rehabilitation of people and reduce recidivism and provide job opportunities, when that’s not really what’s happening here.”

The idea is still working its way through committees in the state House of Representatives. So far, it’s been approved by only that chamber’s State Government Subcommittee.