Things to Consider When Hiring Ex-Offenders

Has your organization ever considered hiring a person with a prior criminal conviction? If so, there are many hiring and discrimination issues to consider. One major concern with hiring an ex-offender lies with negligent hiring and retention liability issues. There could be unwanted consequences if a company retains an employee that they should have known was likely to subject others to actions which can create legal liability. Employers can be held liable for willful misconduct by their employees.

The Equal Employment Opportunity Commission (EEOC) scrutinizes employers to ensure their hiring practices are consistent and non-discriminatory including giving due-consideration to ex-offenders. While most employers who have hired ex-offenders have deemed their experience negative, some have reported success stories. There are plenty of examples of individuals who have "paid their debt" to society and are entitled to a “second chance.”

Examples include individuals who have had incidents in college or mishaps where the person is arrested and charged with a crime but once the debt to society is paid, he or she may not have a "clean" record to later use in seeking a career. Other examples include an individual, such as a consultant, who may have committed a financial crime such as money laundering, but has paid his or her debt to society. When seeking employment later in an unrelated field, perhaps a retail position, they may be unable to secure employment due to the prior criminal record.

According to the Society for Human Resource Management (SHRM), one in four adults in the United States has an arrest or conviction that would appear in a routine criminal background check. As a result, these individuals would face problematic circumstances when seeking potential employment. That is why the EEOC continues to encourage employers to eliminate discriminatory hiring practices of ex-offenders and consider the following factors: the nature and seriousness of the conviction; the length of time since the offense occurred; and the job-relatedness or relevance of the offense.

Since late 2011, the EEOC has been expected to provide additional guidance on whether the use of criminal background checks may discriminate against groups of candidates and employees. If so, disparate impact will be presumed and employers will be forced to provide specific evidence to substantiate the business necessity of criminal background checks such as providing a very compelling reason. At the end of the day, the government is becoming more involved in ensuring that all individuals, regardless of their prior history, have an opportunity to become gainfully employed and not be discriminated against based upon any factors, including prior criminal convictions.

For more information on how EEOC polices related to ex-offenders could impact the hiring practices within your organization, please contact sales@allianceinvestigative.com.