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Employment Barriers for Ex-Offenders - USA

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Front Page / Issue Briefs / Justice, Crime and Public Safety & Economy and Jobs / Employment Barriers for Ex-Offenders / USA
 

 

Issue Brief

 

Employment Barriers for Ex Offenders - USA

 

 

Scope of the Problem  factual statements on the extent of the problem in the past, current, or future

  • Securing employment remains one of the largest barriers to individuals leaving prison. 

    • In an audit study conducted in 2004, having a criminal record reduced the likelihood of a callback or job offer by nearly 50%.[1]

    • The negative effect was substantially larger for black men at 60%, versus white men at 30%.I[2]

  • Between 60 to 75% of former inmates remain jobless up to a year after release.[3]

  • A 1991 study by the Federal Bureau of Prisons found that offenders who received training and work experience while in prison had fewer conduct problems and were less likely to be arrested the first year after release than those who did not.[4] 

    • Prison workers were 24% more likely to obtain full-time or day labor jobs by the end of the first year after release.[5] 

 

  • A 2009 Report titled, "Investigating Prisoner Reentry: The Impact of Conviction Status on the Employment Prospects of Young Men," found that a criminal record has a significant negative impact on hiring outcomes. Across the different teams within the study, a criminal record reduced the likelihood of a callback or job offer by nearly 50%. It also reported that 60 to 75% of former inmates remain jobless up to a year after their release. This negative effect was substantially worse for African Americans (60%) than for white individuals (30%).[6]
    • Testers who interacted with employers area about six times more likely to receive a callback or job offer. African Americans were 40% less likely to have the opportunity to interact with employers, but the effect of a criminal record had no discernible impact on the likelihood of having an opportunity to interact with an employer, because an employer is unlikely to learn of a criminal record prior to interview or interaction. 
    • Between 2/3 and 3/4 of employers either avoided the subject of a criminal record or gave little indication of how they viewed it. Less than 10% of employers made explicitly negative comments concerning a criminal record and about 20% coded as sympathetic. African Americans were less likely to have a clear reaction from employers than whites by 73% to 67%, were more likely to receive a negative response by 8% to 5%, and were less likely to receive a sympathetic response by 19% to 29%. Of individuals who received a sympathetic response to their criminal record, whites were slightly more likely to get a job offer or a callback by 37% to 33%. These differences are not statistically significant. Of those who received no reaction or an ambiguous reaction, white applicants were about 3 times more likely to receive a callback or job offer (32% vs. 11%).
    • Results from employer audit:
      • 26% of employers indicated they would probably or definitely be willing to hire an applicant with a criminal record; 63% said they would probably or definitely not; 11% indicated their decision would depend on type or circumstances of the crime.
      • A large number of employers focused on specific problem behaviors such as theft (21%), issues of violence and safety (9%), or likelihood of reoffending (6%). Also discussed character flaws reflected by a criminal history such as concerns over honesty/trustworthiness (16%) or character/reliability (3%). 
      • 31% indicated their evaluation of a candidate would depend on the severity, nature, and circumstances of the offense.
      • Less than 1% of employers mentioned the issue of legal liability as a key concern. Demonstrates possibility that problem behaviors drive employers concerns about ex-offenders rather than legal liability. 
    • Among employers aware of anti-discrimination laws protecting people with criminal records, 60% maintained their unwillingness to hire an ex-offender. Of those who were unaware of the law, 70% would be unwilling.
    • Of those who had hired an individual with a record in the past year, 12% claimed the Work Opportunity Tax Credit (WOTC), and 4% had their employees covered by the Federal Bonding Program. Of those who claimed WOTC, 78% indicated that they would be willing to hire someone with a record in the future. Of those who had hired an ex-offender in the past but did not claim WOTC, 48% reported they would be willing to hire someone with a record again in the future.
    • About 30% of audited NYC employers have hired an applicant with a criminal record over the past year. The majority of employers reported mixed or positive experiences. About 85% of employers who had hired ex-offenders in the past year reported their work performance to be at or above average. 43% would be willing to hire an ex-offender in the future. Of those who had not hired an ex-offender within the past year, only 17% would hire an ex-offender in the future. 18% of employers unfamiliar with ex-offenders are concerned about honesty and trustworthiness versus 11% of those who have recently hired ex-offenders. 
  • In a 1996 study by Harry Holzer, almost two-thirds of employers surveyed in several major metropolitan areas, including Boston, revealed that they would not knowingly hire an ex-offender.6
  • A 2002 survey of 122 California employers shows how the type and severity of crime also influences employers’ willingness to hire
  • When employers were asked whether they would consider hiring someone who had been convicted of a misdemeanor offense, 84 percent responded in the affirmative. However, these numbers dropped dramatically for felony convictions to 23 percent for a drug-related felony, 7 percent for a property-related felony, and less than 1 percent for a violent felony
  • Employers’ use of criminal history background checks has increased over the past decade but is still not pervasive.
  • Employers’ use of criminal history background checks has increased over the past decade but is still not pervasive.
  • Employers’ willingness to hire ex-offenders varies according to the industry and position, the type and severity of offense committed by the applicant, and work experience since release.
  • Black applicants are more stigmatized by a criminal record than white applicants. 
  •  Those who have served time in prison can expect to earn about 40 percent less in annual wages compared to people in similar circumstances who have not spent time in prison, according to a 2010 study by the Pew Center on the States. 7
  • Establishing proof of rehabilitation allows an ex-offender to have occupational disqualifications lifted and also may provide incentive to become a law-abiding and productive citizen. In New Jersey, an applicant may establish proof of rehabilitation through evidence of good conduct in either prison or the community; completion of treatment; successful participation in educational courses, vocational training, or work-release; or a recommendation from his or her probation or parole officer.  

 

 

Past Policy & Program Milestones  key legislation and milestones including significant policy and funding shifts, major studies, etc.

 

  • The federal Second Chance Act of 2007 (SCA) provides grants to states, local governments and community-based organizations to establish innovative and evidence-based reentry programs, including vocational training and employment assistance. 7

  • In the absence of state-regulated hiring policies, the Equal Employment Opportunity Commission’s (EEOC) conviction record policy may apply. In line with Title VII of the Civil Rights Act of 1964, the EEOC has determined that denying employment on the basis of conviction alone has an adverse effect on minorities, unless there is a justifiable “business necessity.”

 

Current Policy & Programs  summary of current policies in the form of legislation, programs, and funding

 

  • Rehabilitated and Convicted Offenders Act (RCOA)
  • Laws automatically bar individuals with certain records from the following jobs: 
    • Aircraft/airport employees; school bus drivers; school crossing guards; bank employees; bartenders; waiters in establishments where liquor is served; New Jersey Turnpike Authority employees; liquor retail; wholesale, manufacturing, or distributing employees; child care center employees; community residences for individuals with developmental disabilities; armored car crew members; racetrack employees; employees of a benefits plan; firearms purchasers; private detectives; limousine drivers; securities agents, brokers, and investment advisors.
    • Laws also require disclosure for certain jobs as well:
      • Alcohol and drug counselors; casino employees; residential child care staff; children's group home staff; domestic violence shelter staff; home health aides; nursing home staff; nurse's aides and personal care assistants; insurance adjusters; social workers; real estate sales personnel and appraisers; solid and hazardous waste disposal personnel.
  • The Federal Work Opportunity Tax Credit is available nationwide to private businesses that hire ex-offenders and other target groups of people who consistently face employment barriers. To receive the credit, an employer must hire the new employee within one year of conviction or release from prison. The credit amount is based on wages paid and number of hours worked by the employee during the first year of employment. 7 

 

Key Organizations contacts for public and private organizations

  • Government
    • Executive Branch
      •  
    • Legislative Branch
      •  
    • Judicial Branch 
      •  
  • Non-Profit
    • Service Providing
      •  
    • Advocacy/Membership/Network
      •  
  • Foundation
    •  
  • Other
    •   

 

Bibliography   web sites, reports, articles, and other reference material

 

 

 

Contributor(s):

Footnotes

  1. Pager, Devah and Western, Bruce. October 2009. "Investigating Prisoner Reentry: The Impact of Conviction Status on the Employment Prospects of Young Men." National Institute of Justice Grant, U.S. Department of Justice, https://www.ncjrs.gov/pdffiles1/nij/grants/228584.pdf. ▲
  2. Ibid. ▲
  3. Ibid. ▲
  4. Travis, Jeremy, et al. November 2003, "A Portrait of Prisoner Reentry in New Jersey," Justice Policy Center, Urban Institute, http://www.urban.org/publications/410899.html. ▲
  5. Ibid. ▲
  6. Pager, Devah and Western, Bruce. 2009. "Investigating Prisoner Reentry: The Impact of Conviction Status on the Employment Prospects of Young Men." National Institute of Justice Grant, https://www.ncjrs.gov/pdffiles1/nij/grants/228584.pdf ▲

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