The Council for Court Excellence (CCE), an organization known for its work in addressing criminal justice issues and being an impetus for reform, has issued an exceptional report that looks at barriers to employment from the perspective of employers and formerly incarcerated persons looking for work.
Unlocking Employment Opportunity for Previously Incarcerated Persons in the District of Columbia offers solid recommendations for eliminating those barriers, and the solutions the report suggests can be modified and adopted outside of the metropolitan Washington, D.C. area by states seeking to build up their workforce of capable and willing workers who are being held back by a past criminal history.
Responses to the survey from formerly incarcerated persons indicate:
Forty-six percent of those surveyed were unemployed
Seventy-seven received no assistance from “anyone at the facility” in helping them look for a job
Eighty Percent of respondents said they were asked “all the time” about their criminal history when looking for a job
The CCE also surveyed 20 employers, with both large and small businesses and from the replies of respondents found:
Eighty percent of surveyed business owners do not have a policy in place for hiring those with a criminal history, and rely on application forms that ask about a criminal history
One-third of those surveyed claimed to have hired a person with a criminal history, and would do so again
Fifty percents said that legal liability protection, certificates of good-standing or rehabilitation, or industry-specific skill training would “significantly increase or influence hiring”
The CCE states that the report “ offers a series of recommendations that require minimum up-front financial investment, but would pay significant dividends…” The following are highlights of these recommendations:
Information regarding a criminal history record of an employee or former employee should not be introduced as evidence in a civil action against a private employer or its employees or agents that is based on the conduct of the employee or former employee if the employer has made a reasonable, good faith determination that factors favor the hiring or retention of the applicant or employee (see report for factors)
Stakeholder agencies of the D.C. criminal justice system should consider establishing a “certificate of good standing” program to promote licensing and hiring of previously incarcerated persons
The D.C. Government Justice Grants Administration should annually review the performance of D.C. Government contracts and grants related to reentry and develop a compendium of best practices, so to better direct future reentry funding
The Federal Bureau of Prisons and, if necessary, Court Services and Offender Supervision Agency and the US Parole Commission, should regularly review and revise the employment programming available to District of Columbia residents based on current employment trends and forecasts
The Superior Court of the District of Columbia should not establish a reentry court, as it is suggested that “reentry courts have little or no impact on recidivism, while demonstrating a negative impact on the number of parolees returning to prison
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