SF Human Rights Commission

Linda Evans and Dorsey Nunn presented a videotape overview of the ‘All of Us or None’ program and a draft resolution for the Employment Committee’s consideration. The draft resolution, if adopted by the full Commission, would urge the City and County of San Francisco to prohibit discrimination in employment against formerly incarcerated individuals.

Dorsey Nunn thanked the committee for their attention. He introduced Judy Ziff and Malik Looper of Goodwill industries. Ms. Evans and Mr. Nunn asked the committee members to support their resolution against discrimination after committee members viewed their video. Their goal is to enable formerly incarcerated people to rebuild their lives following completion of their prison sentence. Mr. Nunn said the All Of Us Or None is more than about just a job. Formerly incarcerated individuals who do not gain quality employment typically cannot secure health care for members of their families. Therefore, the group is asking the City to remove from its written Civil Service employment application the question whether the applicant has ever been convicted of a felony.

Ms. Evans said the proposed resolution came about from a series of equal justice summits sponsored by Keith Carson, a member of the Alameda County Board of Supervisors, Jeff Adachi, San Francisco Public Defender, and Rose Jacobs Gibson, member of the San Mateo County Board of Supervisors. She noted that union groups, community based organizations, and activists supported the summits. One of the goals that emerged is to prohibit discrimination in employment against formerly incarcerated individuals. She said that despite the HRC’s guidelines on the use of criminal histories, more and more corporations are using those histories to eliminate applicants from the applicant pool.

The current Civil Service application must be filled out before an exam is administered to an applicant. Most people are discouraged by the application requirement to disclose their criminal histories. Most employers will throw the application in the garbage if the box is checked.

Jerry Jones and Mr. Nunn discussed the mission of Legal Services for Prisoner’s With Children. Mr. Nunn noted a series of lawsuits have been initiated against a variety of state and local government entities by the group to improve the lives of incarcerated individuals in California. Mr. Jones asked whether the history of a person convicted of a felony is not to be taken into account at all. Ms. Evans clarified that job-related felonies should be taken into consideration by an employer. Mr. Nunn cautioned that that person should not be excluded from all employment. He noted that it is in the best interests of society to have that person employed. Ms. Evans said at least applicants will not be discouraged from the beginning and that they could then answer questions about their histories during the interview stage. They would then be able to demonstrate their post-conviction trustworthiness.

Mr. Woodall asked whether the recidivism rate in California drops when a person is allowed to return to work. Ms. Evans said the formerly incarcerated person who is employed is three times less likely to return to prison.

Ronnie Rhoe asked whether the group has information showing the disproportionate impact of law enforcement on people of color. <Hirenetwork.com> has information showing employment discrimination is often conducted under the color of a background check. However, she noted proof is difficult to show.

Frank Anderson asked whether there was sufficient statistical support for the last "whereas" in the resolution. Ms. Evans acknowledged the lack of statistics but promised to get them. She noted that she is hoping that the City of San Francisco will be in the vanguard of the effort.

Commissioner Faye Woo Lee noted that even though the box is on the application, the City’s policy is not to discriminate. She also inquired as to the services provided by the agency. Mr. Nunn noted a gift give-a-way in December to children of prisoners in addition to providing legal services for prisoners with children. They also provide advice to children of prisoners. Under other projects, the organization fundraises for visitation trips by family members. They prepare manuals and develop strategies for caring for incarcerated ill family members and other activities. They lobby for policy changes affecting incarcerated individuals.

Judy Ziff noted that the founder of the program won the MacArthur Genius Award because she noted that no one was advocating for women in prison in America. Now there are similar programs around the country. All of Us of None is another attempt to shine light on a social problem that no one is paying attention to.

Carmen Herrera asked whether the number cited as the number of people released in San Francisco is an annual number. Ms. Evans confirmed it is an annual figure. She also noted that formerly incarcerated people must confront the box when they seek housing, government benefits, as well as employment. She stated, "If you don’t have a job you can’t feed or house your family." Mr. Nunn noted that outside the City of San Francisco there are no Human Rights Commissions and the ability to change policy outside the City is a gauge of how much opposition or support they will face elsewhere. This year there are 650,000 people due to be released and 3,000,000 scheduled to be released over the next three years. The impact is particularly intense when you look at communities like Bay View Hunter’s Point.

Commissioner Larry Lee noted that he agrees with the application request. He noted that the worst thing that an applicant can do is not check of the box because they will say he/she lied on their application. Decent folk who made a mistake in the past will be in trouble whether they mark it "yea or nay." He urged the affected population to get their General Education Diplomas. Ms. Evans noted the group’s partnerships with educational organizations.

Commissioner Faye Woo Lee asked whether rehabilitation skills are taught to prisoners scheduled for release into society. Ms. Nunn and Mr. Nunn noted that rehabilitation goals have been eliminated from the system. Social workers used to conduct these programs. Today the staff is made up of law enforcement personnel. Prisoners are given $200 and released. There have been no job skills or life skills trainings offered in prison in 30 years. The current program focus is on how to report to your probation officer and where the halfway houses are located. However, prisoners work in prison and develop great work habits.

Kabir Hypolite reviewed with Malik Looper the anticipated process of review for the proposed resolution. If the Employment Committee approves the resolution it will recommend the resolution for the full Human Rights Commission’s approval. Mr. Hypolite also noted that there are other housing and government services components to the resolution.

Ms. Evans thanked the committee for its time and consideration and said that All of Us or None would welcome other opportunities to work with other groups.

Ross Woodall requested that the resolution be sent via email format.

Commission Larry Lee asked how big the proposal is. Mr. Anderson estimated that it is seven or eight pages.

25 Van Ness Avenue # 800

San Francisco, CA 94102