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Former Offenders Deserve Fair Consideration In Hiring
Year after year, the United States beats out much larger countries — India, China — and more totalitarian ones –Russia and the Philippines — for the distinction of having the highest incarceration rate in the world. Once an individual has served a sentence for their offense, should they also be punished again by not being hired in a company or federal agency? In this article, I am sharing some Equal Employment Opportunity Commission (EEOC) insights on hiring formerly incarcerated people.
Formerly incarcerated people have paid for their crime by a judicial system, and they should be treated fairly with consideration of a job application and hiring. But, in reality—not everyone is a good fit for a company. They may not have the skills sets or training required by a company. Their offense may prevent them from being hired by a company. A former offender may not qualify to work for a company, but everyone deserves to be treated with equality and without discrimination because of their race, gender, sexual orientation, age, disability, etc.
Earlier this year, I interviewed a dynamic young lady—Kadianne Givans who had served her time in prison for many years.
She entered her sentence as a young person who made a bad choice. If we are all honest—how many of us have regretted a choice we made as a young person? When this woman was reentering the workforce, she shared her story of dealing with a myriad of people who were willing to give her a chance and those who weren’t willing to support her as she focused on becoming the best version of herself. She told me she always shared her incarceration background with everyone she interviewed with and her willingness to be a great worker.
Kadianne told me that she was actually hired by a company owner and then later fired because their HR department recommended firing her. At this time, she had no infractions or violations in her current position. Perhaps this lady was being punished twice—once for the crime and twice for her past. Is this fair? A formerly incarcerated person often has to prove themselves and work hard to impress the company who hired them. You can listen to the podcast interview I had with Kadianne Givans.
After attending a business meeting recently, I realized that many employers are unfamiliar with hiring a formerly incarcerated person. The Equal Employment Opportunity Commission (EEOC) states,
“Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII).”
The EEOC further states that Title VII prohibits employers from being treated differently from other races, national origin or other Title VII people with similar criminal records.
The EEOC shares that they have no authority to prohibit employers from obtaining or using arrest records. The EEOC seeks to ensure that information is not used in a discriminatory manner.
Before interviewing or consideration of hiring a formerly incarcerated person, perhaps it would be wise if the HR department or hiring source reviews the EEOC’s “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” to make sure they are abiding by mandated policies that protect the rights of former offenders.
We all benefit from a diverse and thriving economy. Therefore, let’s be respectful human beings and give everyone fair and equitable treatment in hiring. Just because someone is hired in a company and did not serve time in jail or prison, does not mean they have not committed some kind of crime.
There are people amongst us that are not serving time or being held accountable for their criminal activities. People can and do change their behavior. Let’s make wise choices and give those who are becoming better citizens a second chance and not a second sentence.
I invite you to read more of my articles on workplace discrimination, bullying, and leadership.
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Photo by Robert Hickerson on Unsplash
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