Is Fair Chance Hiring the Solution to the Skills Gap?

If you’re having trouble hiring qualified people, have you considered fair chance hiring — the practice of employing individuals with criminal records?

It’s natural to be skeptical about whether fair chance hiring can result in quality employees, but consider that the employment background screening company Checkr has been practicing it since 2015. Today, 5% of its 1,500-employee workforce consists of justice-impacted individuals.

Ken Oliver, the vice president of Checkr.org, the social impact division of Checkr, discussed it in an episode of the HRMorning podcast “Voices of HR” and highlighted that the company’s formerly-incarcerated employees earn promotions 60% faster than those who haven’t been through an arrest and conviction.

“When you invest in fair chance hiring, that doesn’t mean hire every single person with a record. We believe that every single company has a right to, and should hire, the best person for the job,” he said.

“We don’t want employers to lower the bar to their talent; we want them to lower the barrier [to] the access.”

Oliver also talked about the transformative power of fair chance hiring — including his own experience of being incarcerated, then rising through the ranks in different organizations.

The Case for Fair Chance Hiring

Many executives may harbor preconceived notions about risks associated with hiring individuals who have had encounters with the criminal justice system. However, Oliver presented compelling arguments to challenge these assumptions:

• Prevalence: One-third of the American workforce has an arrest or conviction history, according to Oliver.
• Economic impact: “Over $100 billion a year is taken out of the GDP … for people who are taken out of the workforce because they have a record,” he said.
• Employee loyalty: Justice-impacted employees often demonstrate exceptional longevity in their positions because they’re so grateful for the opportunity to work and have economic mobility.

“It’s generational change that happens because now they can be a positive example for their children. They can be a positive example for their families. And it just has this ripple effect that enhances the community and makes the community safer,” Oliver said. “We’re all human; we’ve all made mistakes, and everyone should be given a chance to rebuild and reset their life and become a productive member of the community.”

‘Ban the Box’

In addition, HR professionals need to be aware of the Ban the Box/Fair Chance Act legislation in 37 states that have been passed to reduce bias in the hiring process. These policies prohibit employers from inquiring about an applicant’s criminal history until after a conditional job offer is made.

Oliver commented: “What public policymakers are trying to do is say, ‘Listen, corporate America, we want you to hire the best person for the job and offer the person that’s the best person for the job, the job. And then once you’ve done that, then take a look at the circumstances behind their particular background, whether that be for an arrest, [a] conviction, a tax lien, etc.'”

Best Practices

If you succeed in getting executive buy-in for fair chance hiring (maybe point out that JPMorgan Chase is doing it), some strategies to revamp your talent pipeline include:

• Skills-based hiring: Focus on the skills and qualifications necessary for the job rather than an applicant’s background.
• Seek out fair chance hiring resources: Is there a community service organization in your area that provides workforce development training for parolees, or a workforce development program connected to your state’s department of probation and parole?
• Individualized assessment: If something comes up in a background check, carefully consider the nature of the applicant’s offense, its relevance to the position and the time elapsed since the conviction. The EEOC provides guidance on this.
• Training and support: Provide necessary training and support to ensure successful integration of fair chance hires.

“How do we create paid internship opportunities? How do we create apprenticeship programs and other programs where we could pathway men and women who have typically been excluded from the livable wage job market into careers versus just jobs? And how could we give people a sense of dignity in that path?” Oliver asked.

“I call it the power of possibility. When you give people the opportunity, you desegregate that opportunity and [when] you give people the opportunity to perform and to compete, wonderful things happen,” he said, before telling the story of Nike executive Larry Miller, who went from a prison sentence for murder to chairman of the advisory board for the Michael Jordan brand.

Fair chance hiring is more than providing second chances. It’s about tapping into a frequently passed-over talent pool that can drive innovation and positive change. With fair chance hiring, HR pros have the power to reshape narratives and create diverse workplaces.