Apple’s ban on felons for construction project draws criticism

CUPERTINO, Calif. – An Apple policy barring workers convicted of felonies from the construction of its new campus has drawn criticism from union leaders and advocates, who say the jobs are a key source of labor for ex-convicts trying to find a foothold in society.

Iron Workers Local Union 377 spoke out against the policy this week, questioning why workers with recent felony convictions should be shut out from work on Apple’s spaceship-themed campus, a massive undertaking in Cupertino that is expected to yield thousands of construction jobs. Michael Theriault, president of the union, said the group is bewildered by Apple’s requirements, which he says are a rarity in the industry.

“The worry, of course, is that if Apple gets away with it, we will see it propagate to other projects, and a real possibility for rehabilitation becomes much more constricted,” he said.

Through letters sent in January, the union asked Apple CEO Tim Cook to undo the ban and appealed to California Attorney General Kamala Harris to use her influence to support the cause. A spokeswoman for Harris said the office has reached out to Apple but declined to comment further.

A spokeswoman for Apple declined to comment on the policy.

Apple’s policies block people who have been convicted of felonies within the past seven years from working on the project, whether in construction or other roles, according to a person with knowledge of the matter. Workers who have charges pending against them are considered on a case-by-case basis. Fewer than five people have been fired from the Apple project over their criminal records, the person said.

Criminal background checks are not unprecedented in the construction industry, often required for projects and prisons, said Justin Reginato, an associate professor of construction management at California State Sacramento. Workers dealing with valuable construction materials may also be screened for signs of financial distress, he added.

For a company such as Apple, the background checks may be meant to ensure that the inner workings of sensitive facilities, like research-and-development labs, do not fall into the wrong hands, Reginato said.

Theriault said the union has not run into such obstacles on construction projects for other valley giants such as Google and Facebook. Spokesmen for those companies did not immediately respond to requests for comment.

Theriault said the union is still considering whether to pursue legal action over Apple’s policies. The group has also reached out to civil rights groups about joining forces as minorities are heavily represented in the prison population, he added.

Jesse Stout, policy director for the San Francisco-based Legal Services for Prisoners with Children, says his group’s campaign to prohibit questions about criminal convictions from job applications has been successful in 15 states and many more cities and counties around the country. San Francisco was the most recent city to adopt a so-called “ban the box” policy.

“Just last year, the mayor signed the new Fair Chance ordinance, which extends the ban-the-box to cover all city employers with 20 or more employees,” Stout said. “So since Apple has more than 20 employees, if they were doing construction in San Francisco, this decision would be illegal.”