Colyer signs executive order to ban question about criminal past on state employment applications

photo by: Peter Hancock

Gov. Jeff Colyer signs an executive order Wednesday, May 2, 2018, implementing what's known as a "Ban the Box" policy on state employment, meaning for many jobs, applicants will no longer be asked to disclose whether they have ever been convicted of a crime.

? People applying for many kinds of jobs with the state of Kansas will no longer be asked on their application form whether they have ever been convicted of a crime.

Gov. Jeff Colyer signed an executive order Wednesday implementing what is commonly known as a “ban the box” policy, which removes the question about previous criminal convictions from job applications.

Colyer said the order is intended to help people with criminal records get jobs and integrate back into society after serving their sentences.

photo by: Peter Hancock

Gov. Jeff Colyer signs an executive order Wednesday, May 2, 2018, implementing what's known as a "Ban the Box" policy on state employment, meaning for many jobs, applicants will no longer be asked to disclose whether they have ever been convicted of a crime.

“Unfortunately, the current process disqualifies otherwise capable applicants before they have a chance to discuss and explain their past setbacks,” Colyer said during a signing ceremony at the Statehouse.

Colyer said at least 30 other states have implemented some sort of “ban the box” policy. So too have a number of cities in Kansas, including Topeka and Kansas City, Kan., as well as many private businesses, he said.

In addition to removing the criminal history question from job applications, the executive order states that people will not be denied an opportunity to interview for a job due to a previous conviction.

Colyer did say, however, that applicants may be asked about prior convictions during those interviews so they can have an opportunity to explain their circumstances.

The order, which officials said would take about 90 days to implement, only applies to jobs for which a clean criminal record is not a requirement. It will not, for example, apply to Kansas Highway Patrol troopers or any positions that require certain professional licenses that require clean criminal records.

It also does not apply to colleges and universities governed by the Kansas Board of Regents, which have their own employment policies, Colyer said.

During the signing ceremony, Colyer was joined by a bipartisan group of lawmakers, including Rep. Gail Finney and Sen. Oletha Faust-Goudeau, two Wichita Democrats who have been pushing for a “ban the box” state law for the last three years.

Colyer said he hopes lawmakers will follow up with a state statute removing the criminal history question from job applications. And Senate President Susan Wagle, R-Wichita, said she would support such legislation.

The executive order, however, comes as lawmakers are winding down the 2018 legislative session, which is scheduled to end on Friday.

The order also raised questions about a previous executive order by Democratic Gov. Kathleen Sebelius in 2007 banning job discrimination in executive branch agencies based on sexual orientation or gender identity.

Colyer’s predecessor, former Gov. Sam Brownback, repealed that order in 2015, saying at the time that such policies should be enacted by the Legislature, not issued through executive orders. Colyer, who was Brownback’s lieutenant governor at the time, has not reinstated that order.

When asked by reporters why he was willing to sign a “ban the box” order but not an order for LGBT protections, Colyer said simply that he does not tolerate discrimination.

“This is about the opportunity for employment and doing the interview process overall,” he said. “I will not tolerate discrimination, and we want to make sure that if there is an issue out there, we’re happy to deal with it.”