Use your bankcard to pay for a rake to clean your garden? Order pizza on the way home? If you bought that rake at Lowe’s with your Bank America credit card, and stopped by Domino’s for food, you are supporting businesses that refuse to hire those with a criminal record, no matter how long ago the crime occurred, or how petty the crime. Job listings, as well as job applications, are more likely to state that those with a criminal history need “not apply.”
The National Employment Law Project recently published a scathing look at hiring practices in America. The report,65 Million Need Not Apply: The Case for Reforming Criminal Background Checks for Employment, provides a look at the hiring criteria for large businesses or corporations in Atlanta, New York City, Los Angeles, San Francisco, and Chicago. Scouring ads on Craigslist in these cities for entry-level jobs, the researchers found that barriers were abundant for those with a conviction. Smaller employment agencies and employers also discriminate. Phrases such as “No misdemeanors or felonies!” were scattered throughout the Craigslist job postings, as well as in ads placed elsewhere.
NELP claims that such exclusions are a form of discrimination. Since African-Americans and Latinos are disproportionately represented in the criminal justice system they are more likely to be discriminated against while seeking employment due to having a criminal record. The Equal Employment Opportunity Commission (EEOC) has decreed that a blanket policy of refusing to hire a qualified person with a criminal history is “unlawful under Title VII.”
Formerly incarcerated persons, and those with a criminal history, are fighting back against the bias of being excluded from employment. Legal action has been taken against some major employers including Accenture, a business and consulting company, with 180,000 employees and a net income of $21.55 billion in 2009. In 2010, other federal lawsuits were filed against large employers because the businesses refused to hire those who were convicted of a felony, or sentenced to incarceration, even for one day. The employers who are being sued are First Transit (15,500 employees), Burlington Northern Santa Fe Company (38,000 employees), and the U.S. Census Bureau (700,000 people denied employment). NELP and Community Legal Services of Philadelphia filed charges against Lowe’s (238,000 employees), and Select Trucks Plus. In 2009 NELP filed a “commissioner’s charge,” a special action, against Bank of America (282,000 employees worldwide, and $2.4 trillion in assets), and Manpower, America’s top private employment agency, after both businesses sought 600 clerical workers with the caveat that no one with a criminal record would be hired. The businesses put out the job announcements via the One-Stop Center of San Francisco, which receives federal funds to operate.
When New York Governor Andrew Cuomo was N.Y. Attorney General in 2009 he sued Radio Shack (35,000 employees), because the company refused to hire anyone who answered “Yes” to the question “Have you been convicted of a felony during the past 7 years?” A settlement was reached because Radio Shack’s policy was unlawful.
Criminal background checks are a burgeoning business. ChoicePoint, is one such company, and it cornered a 20% share of the background check market. ChoicePoint created a system for Radio Shack that automatically dismissed any application that had a “yes” answer to the felony question. ChoicePoint also reported to Radio Shack anyone who had a sealed and dismissed conviction, a clear violation of law.
While acknowledging that there may be a need for some criminal background checks, NELP calls for reforms and makes several recommendations:
1) Strictly enforce EEOC rules. Many business who violate have government contracts to provide goods and services. The EEOC should provide employers with education as to why hiring an ex-offender might be beneficial.
2) The Federal government should adopt fair hiring practices, and regulate federal employment and contracts to serve as a model for other employers.
3) State and local governments should make sure that there employment practices are in compliance with federal civil rights standards. State and local governments should do employee outreach and educate the employers and the general public.
4) Employers and Craigslist should take the initiative in raising awareness of job discrimination against citizens with a criminal history. Best practices that connect the needs of the employer with the needs of the needs of jobseekers with a criminal record should be promoted. Criminal history background checks should be fairer and more accurate.
The United States cannot afford to support 65 million unemployed people. Public safety is not increased by refusing to employ an-offender. Statistics show that formerly incarcerated persons who are employed have a lower recidivism rate. Those with a criminal conviction do not have a higher rate of criminal activity or violence on the job. Criminal background checks are often inaccurate, and a criminal conviction should not be the deciding factor as to whether a person is qualified for a job. Those seeking reform in hiring practices might decide to let the Omni Hotel chain know that they will not stay at an Omni Hotel, or hold a convention, until Omni changes its hiring practices. Letting Lowe’s, Bank of America, and Domino’s know that you are more likely to patronize their businesses if they change their employment policies can educate corporate America, and perhaps open the door for a formerly excluded person to obtain a job. The consensus of those seeking hiring reforms is that the community and lawmakers can overturn archaic and ill thought-out hiring policies, and help create a more economically stable and equal America.
To view the complete report click here to go to website
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