Many people are aware that ex-offenders have a tough time gaining lawful employment at most companies in the United States. It is even more challenging when employers fail to exercise sound judgment and treat all criminal records the same whether a crime was committed long ago or recently, or review whether the conviction is related to the nature of the job, such as former drug possession conviction for a construction worker job.
Organizations continually and rightfully feel the need to protect their staff and assets. Also, they’ll be inclined to save themselves the embarrassment and danger of hiring a person that ends up repeating a criminal offense.
However, this issue isn’t entirely black and white. People do change, and our U.S. society is inherently more inclined to support criminal reform in recent history instead of locking them away forever. People have a right to be able to re-enter society and the workforce after serving time in prison.
Nonetheless, hiring an ex-offender is a decision not to be taken lightly.
What are “Ban-the-Box” Laws?
“Ban-the-Box” are second-chance programs that allow ex-offenders in the United States to find work after leaving prison. An estimated 70 million people, or 1 in 3 adults, in the United States have a criminal record.
“Ban-the-Box” laws are geared towards helping a great deal of the U.S. population achieve lawful employment and become productive members of society. As of January 2021, more than 150 cities and 36 states have passed “Ban-the-Box” laws.
As these laws are becoming less controversial and more widespread, you may soon face this difficulty. How will you respond to hiring a person with a criminal record?
Do These Laws Work?
The entire purpose of these laws was to give ex-offenders a second chance at obtaining lawful employment. Data has proven that these laws have had a positive impact in reducing recidivism.
For this reason, these laws have become popular in the United States. Other cities and states have even begun to pass laws that will erase the criminal past of ex-offenders who avoid the prison system.
From a legal standpoint, “ban-the-box” laws have been effective in the United States. Nonetheless, it’s still up to businesses to choose whether or not they want to hire ex-offenders.
Should You Hire Ex-Offenders?
Hiring an ex-offender is a choice that should be made at your discretion, despite the trend of “ban-the-box” laws in the United States. Organizations have the right to protect their brands.
There is also the reluctance of dealing with ex-convicts, especially if you’re involved in the financial industry. Still, everyone should receive fair and equitable treatment, despite their criminal past.
A person who has worked diligently in bettering their life should receive the same opportunity as anyone else, especially if they are qualified for a position and have been entirely forthcoming about their past.
The Equal Employment Opportunity Commission (EEOC) recommends that employers conduct an individualized assessment with individuals before denying employment based on criminal records. This involves having a conversation with the individual to determine if any mitigating circumstances should be considered before making a final decision.
Here is a list of considerations when hiring a person with a criminal record:
- The nature, extent, and seriousness of the conduct.
- The circumstances surrounding the conduct.
- The frequency of the conduct.
- How recently the conduct occurred.
- The individual’s age and maturity at the time of the conduct.
- The presence or absence of rehabilitation and other pertinent behavior changes.
- The potential for pressure, coercion, exploitation, or duress.
- The likelihood of continuation of the conduct.
- How, and if, the conduct bears upon potential job responsibilities; and
- The individual’s employment history before and after the conduct.
On the other hand, if you conduct an employment background check, only to find out that an applicant was not forthcoming about their past, then you’re well within your right to consider other honest applicants to protect your brand.
Want to Learn More?
If you would like to learn more about our employment background check services, please call us at 267-419-1390, click here, or send an inquiry to: info@firstcontacthr.com.