Removing Structural Barriers to Employment for People with Conviction Records
The Problem
National data shows that formerly incarcerated job seekers are seven times more likely to be unemployed, resulting in a loss of $65 billion dollars in output for the U.S. economy (Center for Workforce Inclusion, 2022). According to the Society of Human Resource Management (2012), ninety percent of employers conduct background checks due to concerns over liability, trustworthiness, employee safety, fear of theft, or legal requirement. Recent studies have found that, in general, most employers are reluctant to hire anyone with a criminal conviction. While employers have a responsibility to exercise due diligence when hiring, data shows that employers reluctance to hire someone with a conviction record is rooted in unconscious biases.
In 2017, the Greater Baltimore Committee Coalition for a Second Chance published the “Quick Guide to Hiring Returning Citizens”, and provided evidence-based facts to dispel myths around the reasons employers refuse to hire people with conviction records:
MYTH 1: Once a criminal, always a criminal. Fact 1: Individuals with access to meaningful employment are less likely to return to crime. Research shows that returning citizens pose no greater chance of committing a crime after a certain period than someone who has never been involved with the criminal justice system. Individuals who are unable to secure employment within 3 years are 68% more likely to be rearrested.
MYTH 2: People who have been involved with the criminal justice system cannot be loyal, productive employees. FACT 2: PastForward, a coalition of organizations working to help people with criminal backgrounds, found that returning citizens are often more motivated to work, more grateful for the chance to prove themselves, and tend to be more committed workers whose success rate is comparable to that of the overall workforce. Employers like Johns Hopkins Hospital, Dicks Sporting Goods, GoodWill Industries, and CVS have made a concerted effort to hire returning citizens and have found them to be loyal, committed workers.
MYTH 3: My company cannot hire anyone with a criminal background. Fact 3: Instituting blanket bans on anyone with a criminal record is discriminatory. According to the most recent revisions to the Equal Employment Opportunity Commission Guidelines on using arrest and conviction records with regards to employment, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race. Instead of refusing to hire anyone with a criminal background, employers should make individualized assessments based upon the severity of the crime committed, the amount of time that has passed since the crime was committed, and the relevance of the committed criminal conduct to the job.
The Solution
The Maryland Alliance for Justice Reform proposes a bill to remove structural employment barriers for people with conviction records. Based on recommendations published in the Council of Statement Government’s “Maryland Playbook”, the bill intends to codify in Maryland law (similar to Illinois and Louisiana) that an employment denial based solely on a conviction record is an equal employment violation. The bill also provides guidelines regarding the implementation of individualized assessments and the direct relationship test. In Maryland, the direct relationship test, which considers the conviction and its relevant to the duties of a job, is legally required for occupational licenses but not for general employment.
With this Work
Presently, Maryland job seekers with conviction histories can’t file an Equal Employment Opportunity Commission complaint concerning discrimination unless they tie it to disparate impact based on race, ethnicity, gender. This bill would prohibit blanket employment denials because of a criminal record and provide legal guidelines around employer’s individualized assessments (e.g. severity of the crime committed, the amount of time that has passed since the crime was committed, and the relevance of the committed criminal conduct job).
With significant staffing shortages around the state because of challenges with the COVID-19 pandemic, there is a need to get all Marylanders back to work. Maryland needs to remove structural barriers to securing meaningful work for all people to promote diversity, equity, inclusion, and fairness. Putting people back to work with access to a living wage helps keep communities safe, prevents homelessness, lessens an individual’s dependence on government assistance, lifts families out of poverty, saves taxpayer dollars, and contributes to the growing economy.
References
Council of State Governments (2021). Removing structural barriers to employment: A Playbook for Every State. Retrieved from https://csgjusticecenter.org/publications/removing-structural-barriers/state-playbooks/state/?usState=maryland
Greater Baltimore Committee (2017). Quick guide to hiring returning citizens. Retrieved from https://gbc.org/wp-content/uploads/2017/11/Quick-Guide-HRC-Final-Small-Format-V2-LR.pdf
Collateral Consequences Resource Center (2021). Illinois set to become fifth state to cover criminal record discrimination in its fair employment law. Retrieved from https://ccresourcecenter.org/2021/02/13/illinois-set-to-become-fifth-state-to-cover-criminal-record-discrimination-in-its-fair-employment-law/
State of Illinois (2021). An act concerning employment. Retrieved from https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId =SB&DocNum=1480&GAID=15&LegID=118365&SpecSess=&Session=
State of Louisiana (2021). An act relative to employment discrimination. Retrieved from https://legiscan.com/LA/drafts/HB707/2021
