About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

56 Am. Crim. L. Rev. 547 (2019)
A Roadmap for Comprehensive Criminal Justice Reform to Employ Ex-Offenders: Beyond Title VII and Ban the Box

handle is hein.journals/amcrimlr56 and id is 556 raw text is: 

                             BAN THE BOX

Claire Ashley Saba*


   This Note argues that the federal government needs to go beyond Ban the
Box and Title VII in order to address one facet of America's mass incarcera-
tion by promoting employment of ex-offenders. While Title VII addresses racial
employment discrimination against Black ex-offenders, Title VII is a patch-
work solution to a larger problem. Though useful in eliminating conviction
records as an initial barrier to employment, Ban the Box legislation does not
address the issues raised by criminal history reporting. Ultimately, bipartisan,
multifaceted federal criminal justice reform focused on expungement and seal-
ing past records, fixing criminal background checks, and limiting the use of
background checks in employment decisions will ameliorate America's prison
     This Note details the problems associated with and solutions for America's
mass incarceration crisis through employment. Section I describes how the crimi-
nal justice system intersects with employment, identifies issues with criminal his-
tory accuracy, and argues for criminal history reform. Section H focuses on the
current federal solution which uses Title VII to bring claims based on race to
remedy employment discrimination involving criminal history. Section III dis-
cusses state and local Ban the Box efforts aimed at curbing employment discrimi-
nation against ex-offenders. Finally, Section IV explains why federal legislation
aimed at both adequately expunging and sealing convictions and banning the
box will help address America's prison problem and provides a roadmap for how
to pass such legislation.


   This year, Georgetown Law gained an improbable tenure-track professor: a con-
victed bank robber.1 Shon Hopwood turned his life around after serving eleven

  * Special thanks to P. David Lopez, Tanya L. Goldman, David C. Simmons, and Emma Mlyniec, for their
academic support and to Brian Murphy and my parents for their academic encouragement. Oc 2019, Claire Ashley
  1. Susan Svrluga, He Robbed Banks and Went to Prison. His Time There Put Him on Track for a New Job:
Georgetown Law Professor, THE WASHINGTON POST, Apr. 21, 2017, https://www.washingtonpost.com/news/

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most