The question of hiring applicants with a criminal record is at times a tricky one for employers, especially for small business owners who are not guided by human resources policies that bigger corporations follow. Hiring ex-cons present conflicting approaches. On one hand, there is an implicit bias against them in general. Then again, our charitable nature prods us to give them a second chance at redeeming themselves. Further, federal and state laws protect job applicants with criminal records from discrimination by employers.
Automatic rejection of job seekers with a past places an additional burden on them, their families and the community in general. They have reduced chances of getting out of poverty and the likelihood of recidivism is greater. Physical and mental health is compromised, leading to financial problems and strained relationships.
As an employer, you can lessen the dilemma of dealing with the hiring process for persons who have broken the law if you know a bit more about its pros and cons, and the legal policies regarding the matter.
The risks involved in hiring an applicant with a criminal record are:
Workplace violence
Although violence at work can come from employees who have never been charged with a crime, management and staff will naturally be more wary of having an ex-con working among them. It is the employer’s responsibility to make the workplace as safe as possible. Reports of abnormal behavior or signs of depression should be red flags that a worker, not limited to those with a criminal record, may commit an act of violence.
Employee theft
A person who has been convicted of stealing is more likely to repeat the offense given the opportunity to do so. Employee theft takes many forms – larceny, embezzlement, skimming, fraudulent disbursements, etc. Money is the most common item stolen from companies but company property and merchandise can also be carted away. The employer can prevent or minimize an employee’s tendency to steal by not assigning the worker to a sensitive position that gives them access to company funds and by making them aware that inventories and checks are regularly carried out.
Negative publicity
An act of violence or theft in a company may not always make the news in media publications but alternative sources like social media can easily spread it. Any negative occurrence, even if it is not the employer’s fault, will harm the company’s image and possible affect sales and profits.
The downside to having a criminal background check on potential hires is:
Additional cost in time and money
A criminal background check on individuals done by a professional screening company is expensive because these firms have skilled and experienced investigators and access to database not open to regular people. They also assure discretion and confidentiality. The cost of background investigations on several applicants can add up pretty quickly.
Scrutiny also takes time to complete and potential hires may have taken another job by the time the background check is completed. A DIY check online does not assure accurate information and thoroughness.
Biased decision-making
A background check that reveals a past arrest or conviction can tilt the employment scales against an applicant. Many offenders have learned from their mistakes and become responsible and mature persons fit to hold a job but employers prefer workers with clean records. A DUI misdemeanor during the teen years can lead to an unfair decision in job applications.
Fortunately for job seekers who carry the baggage of having criminal records, federal laws like the Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act (FCRA) ensure that the employment field cannot discriminate against them.
State laws add even more protection. In California for example, a domestic violence lawyer says that as of January 1, 2014, public and private employers are not permitted to ask applicants about expunged and dismissed cases.
