Is Airbnb Discriminating Against Previously Incarcerated People?

Mass incarceration has become an increasingly important topic of conversation in the United States. While we are only 5 percent of the world’s population, we contain 25 percent of the prison population. If those numbers aren’t scary, I’m not sure what is.

Many of the men and women in the United States who are incarcerated are people of color. Statistics consistently show that Black and Latinx men are arrested and serve time at disproportionate rates. New Jersey has the worst Black-white incarceration disparity rate for adults and youth in the country.

In New Jersey, only 14 percent of our population identifies as Black, however Black people make up 54 percent of our prison population.

While New Jersey may have the worst racial disparities in the country, the policing and caging of Black and Brown bodies is a crisis found in communities throughout the United States.

And punishment doesn’t stop when someone is released. “The effects of post-incarceration are real,” Mark Hopkins told me. “You’ve been marked for life.”

Citizens who have previously been convicted often lose rights that other Americans are able to enjoy, noted Hopkins, who has been incarcerated. In New Jersey almost 100,000 people are denied the right to vote because they are on parole, on probation, or in prison for a felony, according to the New Jersey Institute for Social Justice. People with convictions can face discrimination in education, housing, and even where they choose to vacation.

Airbnb has recently been the subject of controversy concerning their business practices with certain consumers. Marlon Peterson, a social justice activist, challenged Airbnb when he was denied renting a space. It became clear after his reservation was cancelled abruptly that it had to do with a background check performed on his account, according to his article . When it was revealed to Airbnb that he served 10 years in prison for a crime committed 2 decades ago, they suspended his account, according to Peterson.

On Airbnb’s website, they provide information regarding the background checks they perform on members. Their official stance is that when they have enough information available, they “may, to the extent permitted by applicable laws and to the extent available, obtain the local version of background or registered sex offender checks.”

Airbnb explains further how the company chooses to deal with members who have been convicted: “Users with serious criminal histories may be removed or referred for further review if our checks show convictions within a certain time period.

Less serious convictions will never result in removal (such as disorderly conduct or marijuana possession).”

For serious crimes, such as burglary, they may remove an account for a period of 14 years from a conviction. Airbnb has stated on their website that convictions for high crimes often result in permanent removal. “Severe crimes may result in removal for a longer period of time or even permanently (such as murder, terrorism, rape or child molestation).”

Airbnb claims to uphold these policies due to concerns of safety. Many hosts and renters are often nervous about who it is they’re doing business with.

Hopkins condemned Airbnb’s policy of discriminating against people with convictions. “Personally, this is where I believe we should be protected under Title VII,” said Hopkins. Title VII of the Civil Rights Act of 1964 prohibits employment. discrimination based on race, color, religion, sex or national origin. “You’re already a person who’s disenfranchised, so there should be more legislation protecting us if anything.”

Due to systemic racism in the criminal justice system, Airbnb’s policies would disproportionately affect Black New Jerseyans. “They handle it in a way where it’s used as a weapon to continue to disenfranchise the poor and working class community, which often tends to be Black and Latinx,” said Hopkins.

Previously incarcerated citizens already face discrimination from the government, and now private institutions are following suit. If citizens lose their full freedom once they acquire a record, what does the concept of freedom or second changes even mean in our society?