Would you hire someone convicted of a felony to work in your business? The instant answer from most employers is a resounding “No.”
As the competition for workers continues to grow, however, companies willing to overlook mistakes of the past can tap into a large pool of skilled workers.
A Princeton University study estimates that 20 million adults in the United States have a felony conviction. Put another way, nearly one in 10 workers applying for a job has to face the prospect of being disqualified by a past conviction.
These numbers are the result of tough-on-crime policies from the 1980s and ’90s, which included mandatory prison sentences for minor drug offenses. President Obama commuted the sentences of 46 drug offenders last week, and Congress is weighing the Smarter Sentencing Act, which could provide more sweeping relief.
After leaving the confines of prison, however, entering the doors of the workplace is a challenge.
Standard job applications ask blanket questions about criminal history, and employers often discard applications if a person “checks the box” that they have a criminal history. Many employers may not be aware that laws in Washington state place limits on what history can be considered. The Washington Human Rights Commission guidelines state that employers should not ask about convictions unless the conviction is related to the job and occurred within the past 10 years. Additionally, employers who use credit-reporting agencies for background checks face additional federal regulations. Failure to follow these guidelines may expose your business to civil liabilities.
Aside from regulatory compliance, being open to hiring a worker with a criminal history can benefit your business in several ways:
Overlooked talent: Just because someone has a conviction does not mean they do not have strong skills your company may need. These skills may have been acquired during incarceration or through traditional education and experience. A mistake in the eyes of the law may not invalidate someone’s capabilities in the workplace.
Better retention rates: Employee turnover is a costly proposition, and is especially hard on small businesses without dedicated recruitment and training for staff. A study by Johns Hopkins University found long term retention rates of more than 80 percent for ex-offenders, with less than 1 percent being terminated for cause. If an organization is willing to give someone a second chance, that employee is likely to feel a sense of loyalty and drive to help the business succeed and grow.
Social impact: Nearly every one of the 2.3 million incarcerated people in the United States will be released. Gainful employment provides a way back into society, significantly drops recidivism rates and reduces the burden on social safety-net programs.
The city of Seattle has taken an innovative approach to open doors. Criminal histories are only checked once a person has been conditionally offered a position. This way the hiring manager can make a holistic choice on whether past wrongs prevent the person from being eligible for the job. If your business is looking to hire in the coming months, take a moment to review your processes for both compliance and opportunity to help your bottom line and our community.
Ryan Davis, rydavis@everettcc.edu, is dean of business and advanced technology at Everett Community College.
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