What is Fair Chance Hiring?

This post comes from the Pacific Reentry Career Services blog. Pacific Reentry Career Services is my nonprofit, which helps formerly incarcerated women find meaningful employment. We will be holding Fair Chance Hiring Summits this year to provide a forum for discussing the benefits and challenges of working with the formerly incarcerated, so please sign up for our newsletter to get more information about when the summits are scheduled.

Simply having a criminal record should not be enough to keep someone from being hired. Fair chance hiring refers to policies that help those with a criminal record find jobs they are qualified for. This can include removing the question about criminal convictions from job applications (also called “Ban the Box”), moving questions about criminal record to later in the hiring process and only asking about criminal record when it is relevant to the job.

Pacific Reentry Career is committed to educating employers on the benefits of hiring the reentry population. With that in mind, here are some of the most common questions about fair chance hiring. There are links to useful fair chance hiring resources throughout this article.

How does fair chance hiring benefit employers?
One in three Americans has a criminal record. If employers automatically reject these job seekers, they are missing out on a large number of qualified applicants. Many people with criminal records are qualified and ready to work.

How does fair chance hiring benefit formerly incarcerated job seekers?
Getting a good job with a steady income is a huge step in rebuilding a life following incarceration. It can help reduce recidivism, secure housing and help to reunite families. Often checking yes to the job application question about criminal record can automatically land someone in the reject pile. By moving the question about criminal background to later in the process (or not asking it at all if it is not relevant to the job), formerly incarcerated job seekers can be evaluated based on work history, education and other job qualifications, which gives them a fair shot at landing a good job. Their criminal record no longer becomes an automatic rejection.

Does fair chance hiring mean I should never ask about criminal background?
You can still ask about criminal background if you practice fair chance hiring, but you should evaluate when in the process you look at criminal background. The simplest thing is to remove the question about criminal background from your job application and to ask about it once a conditional offer has been made if it is relevant to the job. This gives job seekers a chance to be evaluated on qualifications without having a criminal record unfairly bias a hiring manager against them. For some jobs, you may want to do away with the question all together.

What is the EEOC guidance on the use of criminal background checks in hiring?
In 2012, the EEOC issued guidance on the use of criminal background checks in hiring. The EEOC’s guidance comes from the fact that certain racial and ethnic groups experience higher rates of incarceration and may therefore face barriers to employment. This may lead to discriminatory hiring practices. The EEOC’s guidance encourages employers to only look into an applicant’s criminal background if it is relevant to the job. This is not law, but it is a good place for employers to start when figuring out how to change their hiring process so it does not create unfair biases against people with records. Click on the link at the beginning of this answer or visit the EEOC’s information page for more information on the guidance.

What if I want to use a background company to review criminal records of potential hires?
There are federal and state laws that govern the use of background check companies. Root & Rebound’s “California Employers’ Fair Chance Hiring Toolkit” offers detailed information on the requirements for California employers. If you are thinking about employing a background check company, it is best to consult with an employment attorney to make sure your process fits within the legal requirements.

Are there ways I can protect my business if I do end up making a bad hire?
Many people with criminal records go on to live productive lives following release from jail or prison. The U.S. Department of Labor established the Federal Bonding program in 1966 to provide fidelity bonds to cover at-risk, hard-to-place job seekers. This includes formerly incarcerated individuals. This program is free for employers and employees and covers the first six months of employment. For more information, visitthe Federal Bonding Program website or contact your local EDD office in California. Keep in mind that only about 1% of these bonds are ever claimed, so those covered by bonds have had a high success rate with employers.

Are there any tax benefits for hiring formerly incarcerated people?
The Work Opportunity Tax Credit (WOTC) is a federal program that provides a tax incentive to employers who hire people from difficult-to-employ groups, which includes the formerly incarcerated. You can learn more about WOTC on the Department of Labor’s website. California offers additional incentives to employers in designated geographical areas. For more information on the California incentive, visit the Franchise Tax Board’s site.

What can I do to show that my business supports fair chance hiring?
Visit the Dave's Killer Bread website to take the Second Chance Pledge to show that you are committed to removing barriers to employment for the formerly incarcerated. Train hiring managers to make fair decisions regarding candidates with criminal records, support community programs that help the formerly incarcerated find employment and spread the word about the benefits of hiring the reentry population.

This article is provided for informational purposes only and should not be construed as legal advice. It is always a good idea to check with an employment attorney before making changes to your hiring process and to ensure that your hiring practices are legal and fit within the requirements of the law for your location.

How to Address Blemishes in Your Work History

By Stephanie Hammerwold

Most of us have some kind of blemish in our work history. Maybe you were let go from a job, you have a long gap in employment or you check yes to the question about having a criminal conviction. Those things can be stressful when filling out job applications. If you are called for an interview, it can be an added challenge to figure out how to explain them while still making yourself look like the ideal candidate. In these situations, it is important to remember that things like criminal convictions, gaps and terminations are not the full story of your experience and qualifications. By preparing in advance and thinking through standard responses to these questions, you can turn a blemish into a positive and use it as a way to show you are the best candidate for the job.

Be Honest

It may be tempting to lie about areas of concern in your work history, but be careful. Potential employers may do reference and background checks, and lying could be grounds for automatic rejection. If you are hired based on false information, and an employer later finds out, they could terminate your employment for falsifying the application.

Instead of coming up with an elaborate excuse or outright lying, use the interview as an opportunity to take control of the story of your blemishes and put a positive spin on what happened by showing how you have learned from the experience, grown or changed your life for the better.

Criminal Convictions

As an HR professional who has interviewed countless applicants in the course of my career, I have received this question many times: how do I address my past criminal convictions in a job interview? This is one of the biggest hurdles for anyone with a conviction looking for a job.

Addressing convictions starts with the job application. If this question comes up on the application, keep your answer brief. State the year of the conviction and a few words to describe it with a note that you will discuss it in more detail during an interview. You can also learn about various tax credits and federal bonding available to an employer when they hire an ex-offender. Programs include the Work Opportunity Tax Credit (WOTC) and the Federal Bonding Program. The National HIRE Network has a list of programs offered at the state level. Sharing information on these programs can help encourage an employer to give you a chance, and it also shows you did your research prior to applying for jobs.

When it comes to the interview, keep your explanation brief. Once again, remember to be honest and take responsibility. Use the interview as an opportunity to show how you have improved and made changes in your life.

For example, if you have a drug conviction, explain that you made some bad choices in the past and have since gone through treatment and have successfully maintained your sobriety. This helps show an interviewer that you are able to move past blemishes in your past. If you participated in any education or vocational training while incarcerated, mention those things during the interview. This will help turn your conviction into an inspiring story about how you overcame a major challenge in your life rather than just being about the conviction.

Gaps in Employment

When the recession hit in 2008, many employees were laid off from jobs and had a hard time finding work. As a result, it is not uncommon to see gaps in employment on resumes and applications. Even if you have gaps in employment for reasons other than being laid off, it does not mean you have a strike against you in the job search. Just as with any other blemish in your work history, use the gap to show something positive.

For example, many parents take a few years off when raising young children. When reentering the workforce after a long gap used to care for children, do not hesitate to mention the other ways you used your time. Volunteering in your child’s school, organizing a fundraiser or managing carpool are all activities that use skills relevant to a job. And let’s not forget that the effort to manage children’s schedule is a job in and of itself. The same is true for any gap involving caring for a family member.

Gaps in employment may also be caused by searching for work in a bad economy, and most interviewers will see this as a viable reason for for an employment gap. Even time off to travel or to focus on an activity can be a plus in an interview and give you an interesting story to tell.

If your gap in employment was for health reasons, remember that you do not need to disclose details about your diagnosis or treatment. Simply stating that you took time off for health reasons is sufficient.

Terminations

Another tricky thing in an interview is addressing a termination. Just as with the other blemishes we spoke of, take the opportunity to show how you have learned and grown from the experience. Explain what you are doing differently now so that you can ensure an employer that whatever the reason is for termination was before will not be an issue in a new job. For example, if you were fired for attendance issues, explain how you have addressed what was causing the problem. You might say, “I had a hard time getting to that job because my car broke down regularly, which interfered with my ability to arrive on time. I have since bought a new car, so I no longer have issues with reliable transportation.”

Avoid using this question as a chance to badmouth a former employer or a horrible boss. Doing so in an interview may leave the interviewer wondering if the issue was really with the employer or if it was with you. While it is true your boss may have been a horrible person, it is not necessary to go into that in an interview.

This is another area where honesty is important. It would be better to take control of how the story of your termination is told rather than lying and having a potential employer find out by checking references.

Focus on Your Accomplishments

Remember that the story you tell about your work experience should focus on your accomplishments. Convictions, gaps and terminations are only a small piece of the story. Be confident in drawing an interviewer's attention to the good things on your application because that will ultimately be the impression you leave them with. Your accomplishments can include a variety of things like work achievements, school, volunteering and anything that demonstrates your readiness for the job.

Finally, remember to make a good impression. This includes dressing for the job you want and not just throwing on jeans and a T-shirt. Even if you are interviewing for a retail or warehouse job, dress up and look professional. Speak professionally and confidentially, and do not be distracted by your cell phone. All of these things help counter any negative impression the blemishes in your work history might make.

The HR Hammer’s Christmas List

By Stephanie Hammerwold

I like to think I’ve been pretty good this year and that I ended up on Santa’s nice list. So, in the midst of wrapping presents and snacking on one too many holiday cookies, I wanted to take some time to share my Christmas list for the workplace:

1. Paid leave for parents—The U.S. lags behind many other countries when it comes to paid leave for those who recently had a baby, adopted a child or took in a foster child. Some companies have jumped on board and implemented their own paid leave options, and some states have paid leave programs, but we need to have a nationwide law that reflects the realities of working parents.
2. Easier access to employment for the formerly incarcerated—One of the keys to lowering recidivism is helping the formerly incarcerated find jobs with a decent income. Unfortunately, having a criminal record can be a huge strike against someone in their quest to find employment. Once released, people have paid their debt to society and should be given the opportunity to rebuild their lives. Opening up access to employment is a huge step toward that.
3. No more performance reviews—If you are a regular reader, you know my feelings on this topic. It’s time to ditch the traditional review and to go with a system of ongoing feedback.
4. And speaking of things to get rid of…let’s think about doing away with salary negotiation. I am not a big fan of the game playing that goes on in the negotiation process. I think it immediately sets up a relationship of employer vs. employee. I prefer a straightforward offer and a process that does not solely favor those who happen to be good at negotiation.
5. Benefits that extend to all employees—Too often when we hear about a company offering excellent benefits, they only extend to office staff. Those who work in low-wage jobs, such as in distribution centers, are often excluded from generous paid family leave and other perks. Some of the hardest working people I know work in low-wage jobs, and we should not forget the value they add to a company when designing benefits programs.
6. Productive conversations about finding ways to raise the minimum wage—The minimum wage is not livable for employees, and employers worry that raising wages will be unaffordable. We need to have conversations around this issue and find solutions to the huge wage gap we are currently experiencing in the U.S.
7. A move toward kindness—I recently wrote about this, and I think it is an important reminder as we get further into the presidential election cycle where mud slinging and hate speech are commonplace. There is power in being nice.
8. Workplaces free from discrimination and harassment—No one should go to work and worry about being harassed or discriminated against because of who they are. We live in a time where same-sex marriage is legal, yet sexual orientation is not a protected class in every state. We have also seen local laws in some place that are aimed at restricting bathroom access for transgender people, and we have heard horrible anti-Muslim rhetoric from some high profile figures. These forms of discrimination are not acceptable, and we owe it to our employees to create workplaces that are accepting and welcoming to everyone.
9. A focus on finding ways to improve the workplace for employees—Employees are a big part of what can make a company successful, so it is important that we find ways to support them through good wages, excellent benefits, employee appreciation and more.
10. More books—OK, this one is for me more than the workplace, but I want to encourage everyone to take some time to read in the coming year. It is an excellent escape from all the stresses of work.

Have a wonderful holiday season!

Why HR Should Support Ban the Box

By Stephanie Hammerwold

The key to success for many people leaving prison and jail is getting back to a normal life. A big piece of this is having reliable housing and the income to pay for it as well as other life expenses. The formerly incarcerated have served their time, yet many face challenges in securing employment because of their conviction history. The Ban-the-Box movement has been gaining momentum, and even President Barack Obama and several democratic presidential candidates have drawn attention to the need for employment support for the formerly incarcerated.

The U.S. has the largest prison population in the world, and it continues to grow. On the employment front, this means a large pool of job seekers facing the challenges of finding work with a criminal record. For employers and HR professionals, supporting the formerly incarcerated in securing gainful employment starts with not making criminal history an automatic barrier to employment.

The Problem with Using Criminal Background as a Job Qualification

When someone serves time for a crime, and then is released, we should be able to say they have paid their debt to society and can move on. Unfortunately, many of the formerly incarcerated face barriers to employment, public assistance, housing, support services and other things that can help them build a post-incarceration life. These barriers increase the risk of recidivism. Throwing up unnecessary barriers, in effect, continues to punish someone for a crime for which they already served their time.

On the employment front, the commonplace question on job applications that asks about prior convictions can keep someone from getting a job. I have worked with HR professionals and hiring managers who see a yes answer and automatically put an application in the reject pile. One person I worked with said that people should build up a stable work history post-incarceration and then come back to us for a job in the future when they have proven that they can hold a job. But if all employers take this approach, we are barring the formerly incarcerated from building a stable work history.

Because stability in things like employment and housing are among the keys to keeping people from returning to prison, it is imperative that we set up practices that remove some of the barriers to those things. When reviewing your application process, ask yourself if finding out about criminal history at the beginning of the process is relevant to the job. There are many jobs where it is not, and removing the question from your application can be a huge step in helping the formerly incarcerated secure employment.

Ban the Box & Criminal Background Checks

In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” The guidance from the EEOC is not law, but it is used in investigating claims of discrimination that may arise relating to criminal conviction. Although there are still questions regarding how employers should proceed when considering criminal background checks, the EEOC’s guidance provides some insight into how use of criminal history in selection of candidates for a job may create barriers to employment, especially for groups of people who experience higher rates of incarceration.

One of the key items in the EEOC’s guidance is that employers who exclude candidates based on criminal history must show that, “such an exclusion is ‘job related and consistent with business necessity’ for the position in question.” Again, this comes down to determining if criminal background is necessary for a particular job. As someone who has done quite a bit of hiring in the course of my HR career, I can only point to a small handful of jobs that I could make a case for knowing someone’s criminal history. Even then, a conviction would not necessarily exclude someone. It would come down to the nature of the offense and how long ago it happened.

Removing the question about conviction from job applications is a good way to avoid the biases that may happen when an applicant responds yes. If a criminal background check is required for a job, consider holding off until later in the process and then giving a candidate a chance to explain their conviction before making a decision to hire or exclude them. In any event, avoid a blanket policy that covers all criminal convictions, and instead handle each applicant with a conviction on a case-by-case basis.

Some cities, counties and states already have laws in place regarding criminal background checks, so familiarize yourself with the requirements in your area. The National Employment Law Project has a useful publication that details specific requirements throughout the U.S.

Benefits of Hiring the Formerly Incarcerated

Removing barriers to employment for the formerly incarcerated benefits everyone. As a society, we should be focused on providing the tools, training and support services to keep people from doing things that land them in prison. And, for those who have been previously incarcerated, our focus should be on helping them to not go back. Doing so helps build a healthy society.

For employers and HR professionals, taking small steps to change the employment process can do wonders for helping the formerly incarcerated build a solid foundation where they have the means to support themselves, provide for their families and contribute to society in a meaningful way. Rather than continuing with a system where we are constantly forcing people to rehash bad choices in their past, we should instead focus on building a system where people are given a second chance to improve their lives.

Employers can also benefit from a federal tax credit for hiring those with significant barriers to employment, which includes ex-felons. Some states offer additional tax credits. The National HIRE Network has an excellent list of what different states offer. In addition, the Federal Bonding Program is an initiative of the U.S. Department of Labor and offers bonds that cover the first six months of employment for at-risk and hard-to-place job seekers.

Remember that it is important to carefully consider changes to your hiring practices when it comes to determining how you will use criminal background checks. Consult with an attorney if you have questions about your hiring practices and the use of background checks.

If you are formerly incarcerated and struggling with employment and figuring out how to answer application and interview questions, Kathleen Murray’s Out and Employed blog offers excellent advice, and you can also find some useful tips on the Denver Public Library’s website.