Know Your Rights: Empowering Justice-Impacted Individuals Seeking Employment
When filling out a job application, you may have come across the following question: “Have you ever been convicted of a criminal offense?” Depending on your location and the type of job you’re applying for, there’s a good chance you shouldn’t have to answer it.
Job seeking is already a daunting, challenging, and unpredictable process. Individuals with a history of incarceration or conviction may face additional unique challenges. That’s why it’s crucial to know your rights so you can navigate a fair and inclusive hiring process. If you have a criminal record, you may be on the path of recovery, dedicated to making positive changes in your life by seeking a job that provides independence, financial stability, routine, and an opportunity to hone skills. However, thinking about that question may leave you feeling discouraged or anxious. That’s where “Ban the Box” comes in.
Ban the Box is a movement advocating for the removal of the checkbox asking about a job applicant’s criminal record, delaying this inquiry until later in the hiring process. The movement has expanded beyond the checkbox question to ensure fair hiring practices. The purpose of such regulations is not to dismiss employers’ concerns about workplace safety and professionalism, but to prioritize qualifications, prevent biased decision-making, and reduce stigma for justice-impacted individuals seeking employment. Keep in mind that many legislative acts contain exceptions for certain positions, such as national security, law enforcement, and care for minors and vulnerable adults.
Current Legislation: Federal, State, and Local Levels
Under the National Defense Authorization Act, the Fair Chance to Compete for Jobs Act (signed in 2019) prohibits federal agencies and contractors from requesting an applicant’s criminal record prior to extending a conditional job offer. Note that this act does not apply to state/local governments and private businesses. That’s why it’s essential to research the legislation specific to your location.
Another important aspect to consider is the guidance from the Equal Employment Opportunity Commission (EEOC) aimed at preventing discrimination. In the interest of employers, the EEOC highlights the importance of comprehensively evaluating the relevance of convictions to the position, the nature of the crime, and the amount of time that has elapsed since the criminal offense or sentence completion. Still, every individual is unique, underscoring the need to avoid simplifying hiring to a cookie-cutter approach. Additionally, an employer cannot turn down a candidate solely based on an arrest.
Accusource HR reports that, “34 states and over 150 cities nationwide have passed some form of Ban the Box or ‘fair-chance’ legislation.” States, cities, and counties have differing conditions, including when employers can ask about a job applicant’s criminal history and how far back they can inquire. Some laws prohibit asking applicants about criminal history on job applications but permit inquiries during interviews, reviewing factors like rehabilitation efforts.
What New York City’s Fair Chance Act Stipulates:
It is illegal for most employers to ask job applicants about their criminal record prior to presenting a conditional job offer. Such inquiries are prohibited in ads, applications, and interview questions.
If an employer decides to rescind a job offer due to an applicant’s criminal record, they must provide an explanation through the Fair Chance Notice, including copies of any background check or criminal record information used, and allow the applicant five business days to respond.
For more information about protections, read the FAQ page on terms and conditions.
The Benefits of Fair Chance Hiring
There are significant benefits to fair chance hiring, not only for justice-impacted individuals and their families, but also for employers, industries, and society as a whole. Research by the U.S. Chamber of Commerce shows that fair chance employment leads to reduced recidivism rates, helps address labor shortages in industries, and contributes to broader economic growth and stability. By adhering to professional conduct and applying their skills, talents, and strengths in the workplace, justice-impacted individuals can make positive and productive impacts while enhancing their own well-being.
How Justice-Impacted Individuals Can Empower Themselves
Some ways to empower yourself during the job-seeking process are:
-Research and familiarize yourself with fair hiring legislation in your state, city, county, and industry.
-Request a Record of Arrest and Prosecution (RAP sheet) at https://www.criminaljustice.ny.gov/ojis/recordreview.htm. Reviewing the document for inaccuracies is an essential task, as “it is estimated by the four major NYC service providers assisting with RAP sheet services in NYC that 40-55% of all RAP sheets contain errors that can impede efforts to obtain employment” (NYC Gov).
-Bolster proof of rehabilitation with written references and documents such as the Certificate of Relief and Certificate of Good Conduct. Learn more about eligibility here.
-Focus on honesty, accountability, and concision if asked about your criminal history during an interview. Emphasize how you’re changing or redirecting your path and what makes you a strong candidate for the position. Practice answering these potential questions ahead of time.
-Surround yourself with a strong support network—whether it’s professional services that guide you, trusted friends who uplift you, or a community that encourages you throughout your journey.
-Take time to reflect on the progress you’ve made and the steps you’re taking. Job searching takes a lot of perseverance and resilience, so don’t forget to acknowledge your efforts to keep yourself motivated.