Articles

Hiring Returning Citizens

The majority of returning citizens have no intention of getting involved in criminal activity again. Unfortunately, many of them face enormous hardships when returning to their communities after being incarcerated.

These hardships are often referred to as “collateral consequences”, as there are sanctions and disqualifications placing burdens on individuals who were once incarcerated. Collateral consequences impact a returning citizen’s ability to secure housing, obtain student loans, may restrict their voting rights, and perhaps most significantly, severely limit employment opportunities.

According to The Sentencing Project, more than 60 percent of returning citizens are unemployed one year after being released. Some researchers have stated that for formerly incarcerated people, finding employment is worse than those looking for work during the Great Depression.

Research has consistently demonstrated that a returning citizen’s ability to secure and maintain full-time employment directly reduces recidivism rates. It is in everyone’s best interest to support measures allowing returning citizens to lead productive lives, as they rejoin their communities.

Organizations have an opportunity to do their part by broadening their approach to inclusive recruitment and hiring. Many organizations focus inclusive hiring on candidates with diversity in terms of race, ethnicity, and gender. In recent years, organizations have also increased their focus on inclusive recruitment of individuals with disabilities, in addition to allowing individuals to self-identify. It is time for more employers to expand their inclusive recruitment and hiring efforts to include returning citizens.

Organizations that actively and intentionally recruit and hire returning citizens can gain a competitive advantage. By providing employment opportunities to individuals frequently overlooked or ostracized, organizations can discover talent that others failed to recognize.

Data from an American Civil Liberties Union report indicates that individuals with a criminal record have higher retention rates than those who do not have a criminal record.

For example, at Total Wine & More, human resources managers reported that the annual turnover was, on average, 12.2 percent lower for employees with criminal records. In another example, Electronic Recyclers International saw a turnover drop to 11 percent from 25 percent after the company adopted a program to recruit returning citizens. Higher retention rates can reduce an organization’s recruitment and training expenses. 

In addition, organizations cultivating inclusive recruitment and hiring strategies will less frequently fall into the trap of hiring candidates who fit the bill in terms of perfect packaging, but ultimately fail to deliver results. 

Organizations must scrutinize their recruitment and hiring policies and processes, as well as their organizational culture to hire qualified returning citizens.

1. Job Descriptions – Review job descriptions and advertisements for bias. Ensure that the job description accurately describes the skills and experience required for the position.
2. Get the Word Out - Widen the net when advertising for jobs, go beyond large recruitment websites, and LinkedIn. Use promoted social media posts and collaborate with special interest groups and organizations that work with returning citizens. Let people know that your organization is committed to and interested in recruiting, hiring, and retaining returning citizens.
3. Support Fair Chance Hiring – Adopt a “ban the box” policy, which would postpone criminal history questions until an interview is conducted or a conditional offer of employment is made. In addition, it is essential to educate and train staff to identify bias in the hiring process and implement measures to eliminate such bias.
4. Follow Equal Employment Opportunity Commission (EEOC) guidance – These guidelines will reduce negligent hiring liability risks. Background checks should be conducted in accordance with EEOC guidelines, which state that background checks should be “job related for the position in question and consistent with business necessity.”
5. Design an inclusive interview - Prior to conducting interviews, hiring managers need to:
   1. find out if the applicant needs any reasonable adjustments.
   2. review and finalize questions that will be posed to all applicants and decide whether supplementary questions will be permitted.
   3. how each applicant’s answers will be scored.
   4. examine the potential impact of unconscious bias and identify measures to mitigate such bias.

Hiring returning citizens presents an opportunity for organizations to support thriving families and communities. Individuals trying to return to society following incarceration, have numerous obstacles to overcome. Securing employment should not be one of those obstacles. More than ever, customers and clients are demanding diverse and inclusive workforces. Diverse workforces enrich an organization’s talent pool and enhance productivity. Organizations seeking opportunities to grow and strengthen their organization’s culture and value should evaluate how they can include returning citizens in their recruitment and hiring plan.

Charlene Ketchum
Attorney and Advocate
Founder of SHEconfidential and Host of On Her Terms Defined podcast