Professional Licensing as a Civil Rights Issue

In the quiet corridors of professional regulation, countless people encounter an unexpected barrier: the licensing board. For many, this isn't a mere administrative checkpoint; it's a deeply felt injustice. At its heart, it's a civil rights issue.

A System That Silences Opportunity

Occupational licensing now affects roughly 25 percent of U.S. workers—an enormous leap from just 5 percent in the 1950s (Institute for Justice, 2025). While once intended to uphold public safety, today's sweeping licensing regimes often exclude marginalized groups—not because of risk, but because of bureaucracy.

Consider how occupational licensing can entrench inequality: a 2022 Federal Reserve Bank study found that licensing disproportionately restricts employment for Asian, Black, and Indigenous workers—by 6, 5, and 4 percentage points respectively, compared to white workers—with Latinos facing an 11-point gap (Boesch, Lim, & Nunn, 2022). In Illinois, licensing burdens hinder social mobility for poor, minority, and young workers—the very groups civil rights law was designed to protect (Bandoch & Han, 2024).

These restrictions often stem not from safety concerns, but from arbitrary gatekeeping—what history shows as "guild-like" control over who may work (Bernstein, 1994).

When Criminal Records Become Permanent Stigmas

Today, a criminal conviction—no matter how old or unrelated to the profession—can disqualify someone from a career. For the more than 70 million Americans with a record, this means exclusion from one in four jobs (Avery, Emsellem, & Lu, 2019). But this isn't justice, it's a continuation of social punishment.

Some states are making progress. Pennsylvania's Occupational Licensing Reform Act (Act 53) now limits disqualification to offenses directly relevant to the profession and imposes a rebuttable presumption of unfitness for a limited period—no more lifetime bans (Community Legal Services of Philadelphia, 2024). Similarly, South Dakota and Nebraska enacted "fair chance" licensing reforms in 2024, requiring boards to consider rehabilitation and relevance rather than blanket exclusions (CCRC, 2024).

These changes acknowledge that a person's past doesn't define their future—and that rehabilitation is a cornerstone of both justice and civil rights.

Reform as a Path Toward Equity and Freedom

Reforming licensing isn't just good policy—it's a moral imperative.

Reduce unnecessary barriers

The Institute for Justice recommends repealing licensing requirements that lack clear public safety benefits and reviewing "scope of practice" limits (IJ, 2025).

Advance economic justice

Licensing reform fuels opportunity. The Stand Together Trust highlights how reducing burdens enables people to start businesses and work freely (Stand Together Trust, n.d.).

Equitable empowerment

Illinois's reforms emphasizing sunset reviews and bipartisan policy innovation are designed to dismantle systemic bias, especially against disadvantaged groups (Bandoch & Han, 2024).

These are not just good policies; they are steps toward civil rights: the freedom to work, to heal, and to thrive.

Why This Matters for BoardWise—and for Justice

1. Justice isn't just in courtrooms

When professionals are barred from working, entire families and communities suffer. A fair system rebuilds trust and dignity.

2. Licensing belongs in civil rights conversations

Our mission at BoardWise—restoring humanity to board oversight—is incomplete if we don't tackle licensing reform as central to access and fairness.

3. Real, compassionate solutions exist

Act 53 in Pennsylvania, fair chance laws across the Midwest, and sunset reviews in Illinois show a path forward—one focused on rehabilitation, fairness, and common sense. These should guide how we advocate, build narratives, and support policy.

Join the Movement for Fair Licensing

BoardWise is more than a platform—we're advocates for justice, fairness, and the right to work with dignity. Together, we can transform how licensing boards operate and ensure every professional gets a fair chance.

Defend Your License Today

References

Avery, B., Emsellem, M., & Lu, H. (2019, December 18). Fair Chance Licensing Reform: Opening Pathways for People with Records to Join Licensed Professions. National Employment Law Project. https://www.nelp.org/publication/fair-chance-licensing-reform/

Bandoch, J., & Han, L. (2024). Unlocking Opportunity: How Occupational Licensing Reform Would Promote Equitable Empowerment in Illinois. Center for Poverty Solutions. https://www.illinoispolicy.org/reports/unlocking-opportunity/

Bernstein, D. E. (1994). Licensing Laws: A Historical Example of the Use of Government Regulatory Power against African Americans. San Diego Law Review, 31(1). https://www.illinoispolicy.org/licensing-laws/

Boesch, D., Lim, S., & Nunn, R. (2022). Occupational licensing and labor market outcomes by race and ethnicity. Federal Reserve Bank of Minneapolis. https://www.minneapolisfed.org/research/institute-working-papers/occupational-licensing-and-labor-market-outcomes-by-race-and-ethnicity

CCRC Staff. (2024, August 6). Round up of fair chance licensing reforms in 2024. Center for Court Reform. https://ccresourcecenter.org/2024/08/06/round-up-of-fair-chance-licensing-reforms-in-2024/

Community Legal Services of Philadelphia. (2024, October 18). State Finalizes Regulations to Implement Occupational Licensing Reform. https://clsphila.org/press-release/state-finalizes-regulations-to-implement-occupational-licensing-reform/

Institute for Justice. (2025). Occupational Licensing. https://ij.org/issues/economic-liberty/occupational-licensing/

Institute for Justice. (2025). How to Reform Licensing. https://ij.org/issues/economic-liberty/occupational-licensing/how-to-reform-licensing/

Sentencing Project. (2024, December 20). Top Trends in Criminal Legal Reform, 2024. The Sentencing Project. https://www.sentencingproject.org/reports/top-trends-in-criminal-legal-reform-2024/

Stand Together Trust. (n.d.). Occupational licensing reform is a key to economic abundance in states. Retrieved from https://standtogether.org/solutions/occupational-licensing-reform/