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CC photo credit: Josh_Meek
“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 [email protected]
Jack MillsDirectorNational Network of Sector Partners (NNSP)Insight Center for Community Economic [email protected]
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.
• Open and close your Panel
• Check your audio
• Submit text questions
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 [email protected]
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 [email protected]
Thank you!
Jack MillsDirectorNational Network of Sector Partners (NNSP)Insight Center for Community Economic [email protected]
CC photo credit: psd