California is one of many states with a law that prevents employers from asking job candidates about their criminal history

In a devastating blow against business’ freedom to make their own hiring choices, a federal judge in New York has ruled that a man who served nearly 25 years in prison for second-degree murder can sue Amazon and Whole Foods for declining to hire him based on his criminal history.

This is thanks to the “Ban the Box” campaign, which refers to the check box on an application that asks about a potential hire’s criminal record, aimed to open opportunities for people trying to get back on their feet after committing a crime. New York is just one of the many states, including California, that have enacted policies that prohibit employers from discriminating against people with a past.

Few would argue against giving a second chance to a person trying to turn his life around for the better, especially if that person is a parent in need of a job. But this well-intended initiative has created a new set of problems for employers, formerly incarcerated job-seekers, and potential employees who don’t have criminal records at all, especially people of color.

What went wrong?

“Ban the Box” is a sore subject for every employer out there. It strips them of their First Amendment right to even ask a potential employee if they’ve been convicted of a felony or misdemeanor. Make no mistake: Convicted felons probably know the law better than most people on the hiring side,...

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