0520-[New York Times Editorial] An unfair barrier to employment

Sixty-five million Americans have criminal records that might cause them to be denied jobs, even for arrests or minor convictions that occurred in the distant past.

Last year, the federal Equal Employment Opportunity Commission reaffirmed a longstanding ruling that it was illegal to screen out employees unless the offense was directly related to the job.

The problem, however, has become so acute that a growing number of states and municipalities have explicitly prohibited public agencies ― and in some cases, private businesses ― from asking about an applicant’s criminal history until the applicant reaches the interview stage or receives a conditional job offer.

In addition, many jurisdictions now require employers to show that the disqualifying offenses are directly related to the position in question.

Laws or administrative directives of this nature have been enacted in 50 cities and counties and in eight states, according to a recent analysis by the National Employment Law Project, a research and advocacy group.

Other states are joining the effort to remove unfair barriers to employment.

Bills that would give ex-offenders a fairer shot at getting a job are pending in six state legislatures: California, Michigan, Minnesota, New Jersey, North Carolina and Rhode Island.

Maryland’s governor, Martin O’Malley, signed a background check bill last week.

It prohibits state agencies from inquiring into an applicant’s criminal history until the person has been given an opportunity for an interview and a chance to prove his or her worth.

The bill includes exemptions for positions in law enforcement.

These measures are propelled in part by concerns about the civic damage that results from shutting otherwise qualified people the job market, banishing them to the margins of society ― and, in some cases, driving them back to jail.