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The ‘Second-Chance’ Workforce
How to Use Background Screening to Hire Ex-Offenders
Should you hire someone who has been
convicted of a crime?
You probably
ALREADY HAVE.
More than 1 in 4
Americans has
a criminal record
12 million
have felony convictions
Should employers do their part to give citizens
A FAIR SECOND CHANCE?
Between
60% and 75%
of ex-offenders are still
unempl...
Public policy encourages
RE-ENTRY INTO THE WORKFORCE.
Title VII
Fair Credit
Reporting Act Ban the Box EEOC Guidance
But what does your
INSURER SAY?
Many operate under the
assumption that past
behavior is predictive of
future behavior.
So ...
TO HIRE OR NOT TO HIRE?
Somewhere between a blanket policy
and indiscriminate hiring is a fair and effective process.
BLAN...
6 Key Elements
of a Fair and Effective Background Screening Process
Know your rights and
compliance obligations
as an empl...
KNOW YOUR RIGHTS
as an employer.
Employers have a right to
use background screening in
making employment decisions
and rej...
Make Decisions Based on Job-Related Factors
and business necessity.
Hiring is inherently risky.
And you need to fairly
man...
Be consistent.
The scope and specific items researched in a background check
for a role should be consistent for every app...
Avoid blanket policies.
Both EEOC Guidance and Ban
the Box laws in various state and
local jurisdictions target the use
of...
Build individualized assessments
into your process.
If the background check
reveals that an applicant has a
criminal histo...
Follow the
2-step adverse action process
Notify the applicant of
the company’s decision to
be excluded based on the
result...
It’s your call.
Following these guidelines should reduce the
risk of excluding someone with a criminal background.
Or, you...
LEARN MORE.
Take advantage of these additional resources to improve your hiring process.
Visit proformascreening.com to do...
Make Better Hiring Decisions
www.proformascreening.com (866) 276-6161
Employment Background Checks | Drug Testing | Verifi...
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The 'Second-Chance' Workforce

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How to Use Background Screening to Hire Ex-Offenders: The employment of ex-offenders exposes you to risks that seemingly pull in opposite directions. Learn how you can use background screening in compliance with applicable laws to thread the needle between these risks. The process puts you on firmer ground if you decide to exclude an ex-offender, and it may help you find an applicant who will become an excellent employee.

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The 'Second-Chance' Workforce

  1. 1. The ‘Second-Chance’ Workforce How to Use Background Screening to Hire Ex-Offenders
  2. 2. Should you hire someone who has been convicted of a crime?
  3. 3. You probably ALREADY HAVE.
  4. 4. More than 1 in 4 Americans has a criminal record 12 million have felony convictions
  5. 5. Should employers do their part to give citizens A FAIR SECOND CHANCE? Between 60% and 75% of ex-offenders are still unemployed one year after release. Can employers risk hiring these second-chance workers? Negligent hiring is a real risk.
  6. 6. Public policy encourages RE-ENTRY INTO THE WORKFORCE. Title VII Fair Credit Reporting Act Ban the Box EEOC Guidance
  7. 7. But what does your INSURER SAY? Many operate under the assumption that past behavior is predictive of future behavior. So what happens to your liability policy if you hire an ex-offender who then inflicts damage on your business, employees, or customers?
  8. 8. TO HIRE OR NOT TO HIRE? Somewhere between a blanket policy and indiscriminate hiring is a fair and effective process. BLANKET POLICY indiscriminate hiring
  9. 9. 6 Key Elements of a Fair and Effective Background Screening Process Know your rights and compliance obligations as an employer Make decisions based on job-related factors and business necessity Be consistent Avoid blanket policies Build individualized assessments into your process Follow the 2-step adverse action process 1 4 5 2 3 6
  10. 10. KNOW YOUR RIGHTS as an employer. Employers have a right to use background screening in making employment decisions and rejecting applicants. This right has been affirmed many times in law, case law, and regulation.
  11. 11. Make Decisions Based on Job-Related Factors and business necessity. Hiring is inherently risky. And you need to fairly manage those risks. To exclude an applicant on the basis of criminal history, you need to prove that the history would: Negatively impact the person’s ability to perform the job Present an unacceptable risk to the business
  12. 12. Be consistent. The scope and specific items researched in a background check for a role should be consistent for every applicant, and used consistently in decision-making.
  13. 13. Avoid blanket policies. Both EEOC Guidance and Ban the Box laws in various state and local jurisdictions target the use of simple “check box” criminal background checks.
  14. 14. Build individualized assessments into your process. If the background check reveals that an applicant has a criminal history, it’s time for an individualized assessment. nature of the specific offense time elapsed since the offense what the applicant has done subsequent to the offense specific requirements of the job in question Look at the Green Factors:
  15. 15. Follow the 2-step adverse action process Notify the applicant of the company’s decision to be excluded based on the results of the background check. Give the applicant an opportunity to respond with mitigating information before making any adverse hiring decision. 1 2
  16. 16. It’s your call. Following these guidelines should reduce the risk of excluding someone with a criminal background. Or, you may find that the applicant you took a chance on is one of your best employees.
  17. 17. LEARN MORE. Take advantage of these additional resources to improve your hiring process. Visit proformascreening.com to download your copies. Ebook GUIDE INFOGRAPHIC 1 in 4
  18. 18. Make Better Hiring Decisions www.proformascreening.com (866) 276-6161 Employment Background Checks | Drug Testing | Verifications

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