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“Fair Chance” Practices to SupportEmployment of People with CriminalRecords

Webinar2014 NNSP Virtual ConferenceDecember 4, 2014

Jim TorrensProgram ManagerNational Network of Sector Partners (NNSP)Insight Center for Community Economic Developmentjtorrens@insightcced.org

Jack MillsDirectorNational Network of Sector Partners (NNSP)Insight Center for Community Economic Developmentjmills@insightcced.org

Ray McClainDirector, Employment Discrimination ProjectLawyers’ Committee for Civil Rights Under Law

Meredith DesautelsRacial Justice Staff AttorneyLawyers’ Committee for Civil Rights of the San

Francisco Bay Area

Pamela PaulkSenior Vice President of Human ResourcesJohns Hopkins Health Systems

Related webinars tomorrowFriday, December 59:00 – 10:00 AM Pacific

Dealing with “The New Scarlet Letter”: What Research Tells Us aboutNegotiating the U.S. Labor Market with a Criminal Record

Friday, December 511:00 AM – 12:30 PM Pacific

Improving Employment Outcomes for People with Criminal Records –Lessons from Per Scholas and New Century Careers

For more details about these and other webinars in the virtual conference, visithttp://www.nnsp.org/nnsp-virtual-conference.html.

@NNSP#NNSPVC

Participate in online discussion and networking about apprenticeshipsand sector initiatives after this webinar.

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Note: this webinar is being recorded. After the webinar, links to the recording, slideshow, and supportingmaterials will be sent to the e-mail address you provided. They will also be posted to the virtualconference resource page: http://www.nnsp.org/nnsp-vconf-resources.html.

Ray McClainDirector, Employment Discrimination ProjectLawyers’ Committee for Civil Rights Under Law

Meredith DesautelsRacial Justice Staff AttorneyLawyers’ Committee for Civil Rights of the San

Francisco Bay Area

Pamela PaulkSenior Vice President of Human ResourcesJohns Hopkins Health Systems

“FAIR CHANCE” EMPLOYMENTBEST PRACTICE STANDARDS: THE PROBLEM OF

CRIMINAL RECORDS IN HIRINGWebinar sponsored by National Network of Sector Partners,

an initiative of theInsight Center for Community Economic Development

Presentation by Ray P. McClain,Director of the Employment Discrimination Project,

Lawyers’ Committee for Civil Rights Under LawDecember 4, 2014

PREVALENCE OF CRIMINAL HISTORY(RECORD OF ARREST OR CONVICTION)IN WORKING AGE MALE POPULATION

In 2008:• 65 Million - # of Americans who had been arrested

– roughly half of males over 18 had been arrestedat least once for a non-traffic offense

• 5 Million/6% - American males of working age whohad served time in prison

• 11.5 Million/12% - American males of working agewho had a felony conviction

RACIAL IMPACT OF CRIMINAL HISTORY

0%

10%

20%

30%

40%

50%

African American Men Hispanic Men White Men

Proportion of working age American malesin 2008 with a prior felony conviction

IT’S A STEREOTYPE THAT WORKERSWITH CONVICTIONS ARE POOR RISKS

From “Big Data” company Evolv:“Criminals can make better employees thananyone else. Evolv calculates that employeeswith criminal backgrounds are 1 to 1.5 percentmore productive on the job than people withoutcriminal records, and the firm said that differencein a large company ‘could result in tens ofmillions in profit and loss gain.’"• http://www.slate.com/blogs/moneybox/2014/02/12/hiring_criminals_bi

g_data_says_go_for_it.html

LEGAL OBLIGATION OF EMPLOYERS

Title VII of the Civil Rights Act of 1964 prohibits• Intentional discrimination based on raceAND also prohibits• Using employment practices that have the effect of

discrimination against a racial group

Some state statutes also provide similar protections forpersons with a criminal conviction

EEOC GUIDANCEIn 2012 the Equal Employment OpportunityCommission updated Guidance on how to applyfactors identified in court decisions:

• The nature and gravity of the offense oroffenses of which the applicant/employee wasconvicted;

• The time that has passed since the convictionor completion of the criminal sentence; and

• The nature of the job held or sought.

FUNCTIONS OF THE BEST PRACTICESTANDARDS ON THE CHECKLIST

1. Analyze Risk

2. Ban the Box: Find Out about Qualifications First

3. Use Reliable Methods for Background Check

4. Consider All Evidence of Rehabilitation

5. Design Hiring to Implement Best Practices Effectively

1.ANALYZE RISK (CHECKLIST 1-3)

#1: Identify Risks of the Job for a Relevance Screen

of Convictions

#2: Review Only Convictions and, Where Permitted,

Pending Prosecutions

#3: Choose a Reasonable “Look-Back” Period

2. BAN THE BOX: FIND OUT ABOUTQUALIFICATIONS FIRST (CHECKLIST 4-6)

#4: Don’t Mention Criminal History in the Job

Posting

#5: Don’t Ask about Convictions in the Application

#6: Don’t Ask about Convictions at Interview (Check

Before Final Hire)

3. USE RELIABLE METHODS FORBACKGROUND CHECK (CHECKLIST 8-15)

#8: Use an Experienced Consumer Reporting Agency

for Background Checks

#9: Provide Relevance Screen to the Consumer

Reporting Agency (CRA)

#10: Don’t Use Databases with Non-Conviction Data

#11: Confirm All Conviction Data from Original Source

3. USE RELIABLE METHODS FORBACKGROUND CHECK (CHECKLIST 8-15)

CONTINUED

#12: Report Convictions Only When Full Name and AllOther Available Identifiers Match#13: Be Sure Disposition Reported Is Current#14: Report All Charges Related to a Single Incidentas a Single Entry#15: Allow Time to Challenge a Disputed Report

4. CONSIDER ALL EVIDENCE OFREHABILITATION (CHECKLIST 16)

#16: Consider All Evidence Relevant to Rehabilitation

5. DESIGN HIRING TO IMPLEMENT BESTPRACTICES EFFECTIVELY

(CHECKLIST 17, 20)

#17: Choose Hiring Official Senior Enough to Balance

All Factors

#20: Train Human Resources Staff on Proper Use of

Conviction Records

PUT TODAY’S PRESENTATION TO WORK!Workers with a history of criminal conviction are a great

source of qualified employees. What can you and your

organization do to help the employers in your community

stop using criminal records unfairly? How can you help

employers let go of stereotypes about persons with criminal

convictions – ideas that make employers ignore good

prospects?

• http://www.lawyerscommittee.org/newsroom/publications

?id=0037

M e r e d i t h D e s a u t e l s ,R a c i a l J u s t i c e S t a f f A t t o r n e y ,L a w y e r s ’ C o m m i t t e e f o r C i v i l R i g h t sm d e s a u t e l s @ l c c r . c o m

Cultivating FairChance Employment

“I’ve seen how a job makes all the difference. When I givesomeone a chance and he becomes my best employee, I knowthat I’m doing right by my community.” – Local Business Owner

Lawyers’ Committee for Civil Rights

Lawyers' Committee for Civil Rights

2

Founded in 1968

Program areas Immigrant Justice Community Empowerment and Economic Justice Racial Justice

Second Chance Legal Clinic

Legal Services for Entrepreneurs

Cultivating Fair Chance Employmentin Alameda County

Lawyers' Committee for Civil Rights

3

1. Outreach and engagement with businesscommunity

2. Business Leaders Summit on Reentry

3. Legal trainings for employers

4. Public education campaign

Business Community Outreach

Lawyers' Committee for Civil Rights

4

What are businessesconcerned about? Workplace safety and

security Negligent hiring Retention of employees Fear based on stereotypes

and lack of information

What resonates withbusinesses? Employer-to-employer

perspective Profit and the bottom line Hiring local Success stories and

personalizing the issue

Lawyers' Committee for Civil Rights 5

Lawyers' Committee for Civil Rights 6

Lawyers' Committee for Civil Rights 7

(Safer Foundation, 2008)

Lawyers' Committee for Civil Rights 8

Lawyers' Committee for Civil Rights 9

Lawyers' Committee for Civil Rights

10

Of for-profit attendees: 57 % had hired someone with a record By end of Summit, 94% were willing to hire or employ qualified job

applicants with criminal records at their companies.

Business Leaders Summit on Reentry

Business Leaders Summit on Reentry

Lawyers' Committee for Civil Rights

11

What would help employers expand hiring?

Employer Trainings

Lawyers' Committee for Civil Rights

12

Becoming a Fair Chance Employer

Lawyers' Committee for Civil Rights

13

1. Keep the conviction question off the initial jobapplication.

2. Wait to run a background check on a top candidate.

3. Talk to the job candidate about any convictions.

4. Contact a public agency or local workforcedevelopment organization to see if there is a pool ofcandidates from which you can hire.

Public Education Campaign

Lawyers' Committee for Civil Rights

14

Website: agoodhire.com

LinkedIn Campaign

Direct business outreach

Public Education Campaign

Lawyers' Committee for Civil Rights

15

Six Reasons to Hire a Person with a Record1. You may be missing out on undiscovered talent.

2. Many companies have successfully hired people withpast records.

3. Employer subsidies and tax incentives can help yourbottom line.

4. Hiring people with arrest or conviction records can helpyour local economy.

5. You could be violating the law if your company is notopen to hiring people with past records.

6. Your hiring of people with arrest or conviction recordscan help public safety.

Thank you!

Lawyers' Committee for Civil Rights

16

Contact info:Meredith Desautels, Staff AttorneyLawyers’ Committee for Civil Rightsof the San Francisco Bay Areamdesautels@lccr.com

The Johns Hopkins HospitalSuccess in Hiring Ex-Offenders

Pamela D. Paulk, MSW, MBASenior Vice President, Human Resources

Johns Hopkins MedicineJohns Hopkins Health System

Johns Hopkins’ Bequest

•$7M for a University and aHospital in Baltimore•At that time (1867), it wasthe largest philanthropicbequest in the country•Explicitly expressed that itshould serve the total needsof his beloved Baltimorecommunity

Hopkins is Located inImpoverished Community

Maryland Baltimore East Baltimore

Median Income $77,166 $48,243 $39,113Poverty Rate 10.1% 24..0% 31.9%Unemployment 6.8% 10.2% 15.2%

Baltimore – 32% of adults do not have high school diplomaEast Baltimore – 59.5% vacancy rate

Today’s Leadership Perspective

“We have a philosophy that Johns Hopkins is ‘ofthe community’ of Baltimore. We need to dosomething about creating opportunities. Thiscommunity has disproportionately high ratesof unemployment, dysfunctional families,crime, abandoned homes, etc. It is in our bestinterest to take constructive steps to introducethe people of East Baltimore into theworkforce.”

Ronald R. Peterson, PresidentThe Johns Hopkins HospitalJohns Hopkins Health System

Johns Hopkins Medicine

• Johns Hopkins Institutions make up thelargest private employer in Maryland

• Johns Hopkins Hospital - #1 Hospital inUS 23 years in a row (USNWR)

• JHH gets almost 200,000 applications peryear

• Mission drives us to go beyond thetraditional HR processes for workforcedevelopment

A Three-Pronged Approach toWorkforce Development

– Engage incumbent workers and provideskills and knowledge to move into jobs withhigher wages

– Excite youth to choose healthcare as a careerand provide them with developmentopportunities

– Hire from non-traditional sources toprovide opportunities for entrants into theworkforce even if some have a limited workhistory

Why Do We Do It?• Consistent with Johns Hopkins’ mission

and culture of the organization• Decision to stay in East Baltimore, a

crime-ridden declining neighborhood• Re-entering offenders with no job are

more likely to return to crime• Jobs stabilize the community• Ex offenders are great workers with

great results

How Do We Do It?• Guidelines

– Pattern and type of offense(s)– Time since offense– Age at time of offense

• Go through normal application andinterview process

• If chosen, reviewed by HR and Security• If hired, background file kept in HR –

manager notified on need to know basis• Coach assigned to support transition,

when needed

Unusual Referral Sources

• East Baltimore Pipeline Readiness TrainingCurriculum –http://baltoworkforce.com.resouces.htm

• Helping Up Mission (Homeless Shelter)• Catholic Charities’ Christopher Place (Homeless

Shelter / Employment Program)• Marian House (Women’s Reentry Shelter)

– Programs provide referrals and wrap around servicesfor residents

– About 100 formerly homeless men work at Hopkins

Screening Results

• 100% background checks after offer– 50% hired– 25% ruled out for criminal background– 25% ruled out for other reasons

– For over a decade annually• 5% of all hires have positive record• 20% of entry level hires have record

Now the EEOC Says It, Too

• Categorical denial of an applicantbecause he/she has a criminal recordmay be discriminatory

• There must be a business rationale forthe denial to hire an ex-offender

Success Factors - External Programs

1. Have support of your security staff2. Screen carefully for success3. Help referrers build pre-hire curriculum to

meet your specific needs4. Interview candidates prior to training

program as if you were hiring5. Use internships as trial employment6. Use job coaches to support transition

Follow up Studies

• 5 year study of almost 500 ex-offendershired showed a lower turnover for first 40months for offenders than non-offenders

• Detail study of 79 with serious recordsfollowed for 3 - 6 years– 73 still employed at Hopkins at end of study period– Only 1 involuntary termination

• Anecdotal observation – zero “problematic”terminations were ex-offenders

• Longitudinal study being done now by anoutside research group

Our community members withcriminal backgrounds have

successfully joined ourworkforce.

What can you do to add themto yours?

QuestionsDiscussion

CC photo credit: WhyOhGee

Related webinars tomorrowFriday, December 59:00 – 10:00 AM Pacific

Dealing with “The New Scarlet Letter”: What Research Tells Us aboutNegotiating the U.S. Labor Market with a Criminal Record

Friday, December 511:00 AM – 12:30 PM Pacific

Improving Employment Outcomes for People with Criminal Records –Lessons from Per Scholas and New Century Careers

For more details about these and other webinars in the virtual conference, visithttp://www.nnsp.org/nnsp-virtual-conference.html.

Join us immediately after the webinar for online discussion andnetworking about apprenticeship and sector initiatives.

To participate, search for the NNSP group in LinkedIn or visithttp://www.nnsp.org/nnsp-vconf-networking.html for more information.

After thewebinar….

Jim TorrensProgram ManagerNational Network of Sector PartnersInsight Center for Community Economic Developmentjtorrens@insightcced.org

Thank you!

Jack MillsDirectorNational Network of Sector Partners (NNSP)Insight Center for Community Economic Developmentjmills@insightcced.org

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