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Americans with criminal records: A motivated workforce you shouldn't overlook
Workstream Blog

Americans with criminal records: A motivated workforce you shouldn't overlook

By Workstream

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In today’s job market, finding hard-working, reliable employees is already challenging for most businesses. Ruling out applicants with criminal records only makes the search more difficultβ€”especially after you realize how many people fall into that category. 

Recent studies suggest as many as one in three Americans have some type of criminal record.

Overlooking the criminal justice-affected workforce doesn’t just limit the size of your applicant pool. It means missing out on an underappreciated group of hardworking peopleβ€”a population that’s eager to find the right opportunity to prove themselves and get their lives back on track.

When given a second chance, they’re not the only ones who benefitβ€”82% of managers think that employees with criminal records perform as well or better than workers with clean records. 

The benefits of hiring people with criminal backgrounds 

Some employers might feel hesitant or concerned about hiring someone with a criminal record. They worry about the safety and well-being of their existing employees and customers, ways it could affect their company’s reputation, or the possibility of a crime committed in the workplace. 

However, many businesses now routinely hire and actively seek out ex-cons for their workforce. 

Starbucks, Amazon, Hilton Hotels, Walgreens, Delta Airlines, Dunkin Donuts, and even Google are all known to be felon-friendly employers. This should help demonstrate that hiring ex-cons can offer your organization more advantages than liability issues. Some of these perks include:

  • Participating in the Work Opportunity Tax Credit (WOTC) program. This is a federal tax credit incentive program available to employers who hire certain target groups of job seekers like ex-cons. This one-time tax credit for each new hire can be up to $9,600.
  • Enjoying a lower-than-average employee turnover rate. Workers who have a criminal record are often very appreciative of the people who gave them a second chance when no one else would. Which is why their annual turnover rate is 12.2% lower than average. 
  • Gaining access to more job applicants in a tight market. With low unemployment rates and labor shortages in the US, hiring ex-cons gives you options. Like an applicant pool that includes the 600,000+ people released from federal or state prison each year.

Keep in mind, people with criminal records had lives before incarceration: prior job experience, formal skills training, and college degrees, all things that can prove valuable to your business if you’re open to giving someone a second chance. But there are challenges to be aware of first.

Barriers to hiring people from the criminal justice system

Across the US, there are approximately 20,000 statutes and regulations that restrict the hiring of ex-cons. For example, several states won’t grant professional licenses to people with a criminal past. Plus, routine background checks often rule out otherwise qualified non-violent offenders. 

Case in point: According to the Second Chance Business Coalition, when a criminal record is revealed during a background check, the likelihood of a second interview is reduced by 50%. A stat that weighs more heavily when you realize 90% of employers require a background check.

Fortunately, companies are working with policymakers to reverse these barriers with efforts such as ban-the-box rules to stop employers from asking candidates about their criminal history on job applications. There are also things you can do to help get past these barriers, too.

What you can do to overcome hiring barriers at your business

More than likely, your existing hiring policies weren’t created around the needs of people with a criminal past. However, by making a few adjustments, any business can show that it’s ready, willing, and prepared to consider former felons for its current job openings.

  • If you do have a background policy, be as clear as possible about what you’re looking for. Is it only for felony convictions? Misdemeanor charges? Will you look for dismissed or acquitted charges? Without details, people with criminal backgrounds won’t apply.
  • Reconsider your lookback period for your background check. For example, is it really necessary to look back more than seven years? Five years? Without any incidents for a few years, a nonviolent offender’s past should become less relevant to job consideration.
  • Think about the places where you currently source your talent. Whether it’s a post on a job board, on your company’s website, or on its social media channels, let applicants know that people are fairly assessed and given a chance at employmentβ€”even with a record.

Reach out to community organizations, civic leaders, and your local government for guidance in recruiting individuals with criminal backgrounds. Or partner with Honest Jobs, one of the nation’s leading job marketplaces for people affected by the criminal justice system, to post job openings. 

You can also tap into the power of Workstream’s text and automation technology to fairly source and screen applicants, schedule your interviews, and onboard deskless employees with ease. 

By Workstream
Workstream is the leading HR, Payroll, and Hiring platform for the hourly workforce. Its smart technology streamlines HR tasks so franchise and business owners can move fast, reduce labor costs, and simplify operationsβ€”all in one place. 46 of the top 50 quick-service restaurant brandsβ€”including Burger King, Jimmy John’s, Taco Bellβ€”rely on Workstream to hire, retain, and pay their teams. Learn how you can better manage your hourly workforce with Workstream.

Personal Information and Sensitive Personal Information

Before we discuss the right to limit and the right to opt-out, we must first define personal information and how it relates to sensitive personal information.

Personal information is any data that identifies, relates to, or could reasonably be linked to you or your household. A few examples of personal information include:

  • Name or nickname
  • Email address
  • Purchase history
  • Browsing history
  • Location data
  • Employment data
  • IP address
  • Profiles businesses create about you, including pseudonymous profiles (β€œuser1234”)
  • Sensitive personal information

Sensitive personal information or β€œSPI” is a subset of personal information, defined as:

  • Identifying information (e.g. social security number, driver’s license)
  • Financial data (e.g. debit or credit card numbers)
  • Precise geolocation (within a radius of 1,850 feet)
  • Demographic or protected-class information (e.g. race/ethnicity, religion, union membership)
  • Biometric and genetic data (e.g. fingerprints, palm scans, facial recognition)
  • Communications and content (e.g. mail, email, text messages)
  • Health and sexual orientation (e.g. vaccine records, health history)

Right to Opt-Out

Californians have the right to opt-out of the sale and sharing of their personal information. That means you have the right to opt-out of the sale of your personal information to third parties (e.g. data brokers, advertisers). You also have the right to opt-out of the sharing of your personal information to prevent the targeting of ads across different businesses, websites, apps, or services.

CCPA-covered businesses must provide a link to allow you to exercise this right. It is usually found at the bottom of a webpage and will say β€œdo not sell or share my personal information” or β€œyour privacy choices.” Sometimes businesses offer privacy choices through a pop-up window or form

To opt-out of the sale and sharing of your personal information, click on the link or use the toggle provided by the business and follow the directions. Doing this on every website you visit can feel burdensome, but to ease the burden you can automatically select your privacy preferences for every website by using an opt-out preference signal, or OOPS for short.

An OOPS is a user-friendly and straightforward way for consumers to automatically exercise their right to opt-out of the sale and sharing of their personal information with the businesses they interact with online. An OOPS, such as the Global Privacy Control. It can either be a setting on your internet browser or a browser extension. With an OOPS, consumers do not have to submit individual requests to opt-out of sale or sharing with each business.

Right to Limit

Californians also have the right to direct businesses to limit the use and disclosure of their sensitive personal information.

Businesses covered under the CCPA must provide a link on their website that allows you to request the limiting of your SPI, if they plan on using it in certain ways. That link will also typically be at the bottom of a webpage and will say: β€œlimit the use of my sensitive personal information” or β€œyour privacy choices.” Once you send this request, the business must stop using your SPI for anything other than to:

  • Provide requested goods or services
  • Ensure security and integrity
  • Prevent fraud
  • Maintain system functionality
  • Comply with legal obligations

Bringing it Together

In summary, the CCPA gives you the right to opt-out of the sale and sharing of your personal information and gives you additional rights to further limit the use and disclosure of your sensitive personal information.

When you exercise these rights together, you exert greater control in protecting your personal data which is important for your identity, safety, and financial health.

If you are on a business’s website and you can’t find the links to exercise your rights, remember to check their privacy policy. The privacy policy should tell you how you can exercise your rights under the law.

If you find your rights being violated, you can submit a complaint to CalPrivacy.

Next in the LOCKED series, we will explore the right to correct and right to know. Follow us on social media to get live updates or check back in one week for the next post.

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