Editor’s Note: This article was originally published in July 2021 and has been updated with new research and insights.
Fair chance hiring — the practice of employing people with past convictions — gives employers a leg up in competing for talent and can lead to increased employee retention.
Key Takeaways
- Why practice fair chance hiring? Most workers support it, and people with past convictions are less likely to leave a company, saving their employers thousands.
- Some legal requirements vary by state, like restrictions on “look-back” periods for background checks, so consult with your legal team to ensure that your hiring policies are compliant.
- Provide long-term support to new hires with former convictions by partnering with reentry programs at organizations like the Center for Employment Opportunities.
One in two people with past convictions cite difficulties in finding a job, maintaining employment or making a living. But in recent years, the legislation and advocacy efforts by organizations supporting fair chance hiring have seen significant progress, making it easier than ever for employers to expand their talent pool to the over 77 million Americans impacted by the legal system.
With recent wins in New York and Pennsylvania, Clean Slate Laws that seal certain police records are creating professional opportunities that were once out of reach for many due to their past legal system records. Many employers are also more willing to adopt fair chance hiring practices due to new policies and tax incentives.
There’s been positive movement, but these laws aren’t in every state and still don’t cover the most recent or serious convictions. Now’s the time to take matters into your own hands and provide fair chance opportunities for all applicants, expanding your pipeline with diverse talent who are skilled and ready to work.
Here’s how to get started.
Why Is Fair Chance Hiring Important?
Fair chance hiring is a set of practices to ensure job seekers with past legal system records have equal opportunities to prove that they’re well suited for roles and don’t pose a relevant risk to the company. These practices ensure that potential employers assess applicants’ skills before considering their past legal system records.
Fair chance practices also encourage employers to conduct an objective evaluation of an applicant's record and base their hiring decisions on the direct relevance of the record to the job.
So why is fair chance hiring important for businesses? “Because it is profitable to do so, period,” said Jeffery Korzenik, author of “Untapped Talent” and Chief Economist at Fifth Third Bank, in an interview with the Responsible Business Initiative for Justice. “This is business, not charity. Those that seize the opportunity to learn how to access this talent pool will have a decided competitive advantage over those that don’t.”
Those that seize the opportunity to learn how to access this talent pool will have a decided competitive advantage over those that don’t.
Jeffery Korzenik, Chief Economist at Fifth Third Bank
Employers like Nehemiah Manufacturing have seen first-hand how opening up their recruiting efforts to people with past convictions transforms their business. Chief Marketing Officer Eric Wellinghoff reported that, compared to its competitors struggling with a turnover rate of up to 100%, Nehemiah’s annual turnover remains around 15% — a factor that can save organizations thousands of dollars per year.
“Employees with past convictions are a part of our workforce and are benefiting employers every day,” says Christopher Watler, Executive Vice President at the Center for Employment Opportunities (CEO), a nonprofit organization that provides immediate paid employment, skills training and ongoing career support to people returning from prison. “Many more want good jobs and careers and have the motivation and skills that employers need. They just need a fair chance.”
How to Get Started with Fair Chance Hiring
Employees with past convictions are a part of our workforce and are benefiting employers every day.
Christopher Watler, Executive Vice President of CEO
1. Start the conversation
If your organization hasn’t initiated fair chance hiring practices, why not start the conversation? A good jumping-off point is to ask if fair chance hiring aligns with your company’s values. While it may feel challenging to bring up this topic, you’re more likely to get a positive response than you might think — data shows workers actively want their employers to engage in fair chance hiring.
While it’s always good to identify those who can assist you in championing this initiative, it’s equally important to identify those who may be more apprehensive. Approach them with a genuine sense of curiosity to learn more about what they’re feeling, then conduct research and develop solutions to address their concerns.
After you’ve identified key stakeholders, examine what barriers might exist within your organization, but don’t let them deter you; organizations like the Center for Employment Opportunities, Checkr and Jobs for the Future provide tools and advisory services that can help.
2. Revisit your hiring policies and job descriptions
Once you’ve aligned your company's commitment to fair chance hiring, revisit your hiring practices to ensure they’re not posing unnecessary barriers to hiring qualified talent.
“I define success as a hiring process where a criminal conviction is no longer a statistically significant factor in a person's ability to get a job and advance within the company,” says Watler.
Consult with your legal team to ensure that you’re meeting all legal requirements and not unintentionally screening out skilled applicants.*
Add language that specifically encourages job seekers with past convictions to apply, and remove any language that could deter them. That can make it easier for this talent pool to find your roles with Indeed’s fair chance filter.
For example, CEO clearly states in its job postings that it encourages anyone with lived experience in the justice system to apply and is transparent about its background check policies. Often, candidates with convictions remain uncertain if their background checks are going to emerge after a company hires and onboards them. Open communication about your background check process builds trust between you and the candidate.
3. Review background check policies
If you run background checks, do so after extending a conditional offer of employment. This allows employers to assess candidates based on their ability to do the job before convictions are considered.
It’s also important to update your adjudication matrices — the criteria to clear or flag a candidate’s application — to ensure that, unless the conviction has a direct and adverse impact on the position, it won’t affect a candidate’s chance for the job. The U.S. Equal Employment Opportunity Commission (EEOC) provides guidance on how to conduct a fair review of a background check.
Employers can also reassess their “look-back” periods, or how far back background checks go. Some states restrict the disclosure of convictions older than seven years.
4. Offer individualized assessments
After you check records, providing individualized assessments gives candidates with past legal system records the opportunity to discuss their conviction and rehabilitation efforts.
5. Remove the conviction question from your application
Several states now require this under “ban-the-box” laws. You can still run background checks and learn about candidates’ past convictions. However, removing the disclosure box ensures that candidates with past legal system records aren’t disqualified before having an opportunity to interview and receive a conditional job offer — broadening the candidate pool.
6. Provide ongoing support to employees with past convictions
Set your fair chance initiative up for long-term success by connecting with organizations with reentry programs. These social and community development programs may provide employment, housing, soft skills training, technical training, substance use counseling or transportation support.
Most reentry programs have case workers who are specifically working with this population on employment skills and are there to support candidates once they get a job. This allows you to focus on your business goals while your employee is supported through other means.
To encourage a sense of community for employees with past convictions, CEO has also created the Justice Involved Voices (JIV) affinity group that meets frequently and makes recommendations to management on ways to support employees.
“Equity for all must include people with past convictions. When we provide this talent pool with job training, support and access to good jobs, the employers, workers and communities benefit,” Watler says.
Learn about how Indeed approaches fair chance hiring. To start building the foundation for your company’s fair chance hiring practice, visit our fair chance hiring page and check out the resources below.
- Information about the Center for Employment Opportunities (CEO) and its Fair Chance hiring guide
- The Society for Human Resource Management’s (SHRM’s) fair chance hiring certificate program
- Second Chance Business Coalition
- Jobs for the Future’s Center for Justice and Economic Advancement
- Checkr.org
- Defy Ventures
*Indeed provides this information as a courtesy to users of this site. Please note that we are not your recruiting or legal advisor, we are not responsible for the content of your job descriptions and none of the information provided herein guarantees performance.