Opening Doors to People Who've Served Their Time

BY Emily McCrary-Ruiz-Esparza | February 28, 2022

Editor's note: This is an installment in a two-part series on hiring the formerly incarcerated. Read the companion story here, an inside look at learning job skills in prison. 

After Adam Garcia was laid off at the onset of the pandemic, he was painstakingly organized in his new job search. He identified ideal qualities in a company and in a job, he applied to ten jobs a day, and he researched and wrote briefs on his target companies to understand what they might offer in the way of a career. Garcia made it to the interview rounds, often final interviews. “But as soon as the background check comes up,” he said, “then I noticed demeanors, tones change, and doors are closed with very vague reasons. ‘We don’t think it’s a good fit. You just don't have any experience.’”

He knew what was happening. The prospective employers were discovering that he had a criminal record. In fact, Garcia had served a nearly 20-year sentence. “They’re getting a side of the story based upon what's said on a piece of paper,” he said, and not a picture of who he is now.

Garcia decided to change his approach. He recalled that in the interview for his first job after incarceration, the conversation had, by chance, given him the opportunity to talk about his record. “I was so nervous,” he said. “Laying it all on the table. [The interviewer] was shocked, to say the least. He contemplated for three minutes–this weird, uncomfortable silence for three minutes. He just said, ‘You know, what? The hell with it. I'm going to give you a shot.’”

So this time, rather than wait for the background check, he started proactively disclosing his record to potential employers. It made a difference. “When I pivoted my strategy to approaching it like that, that’s when the tone started to change. The companies that happened to reach out were actually companies that I was able to be vulnerable with.” After moving the background conversation to the beginning of the process, getting it out of the way so employers could focus on his skills and qualifications, Garcia ended up with six job offers. He accepted a job on the customer-experience team at Checkr, a company that performs background checks.

Garcia’s experience is emblematic of an increasingly open conversation about hiring people who have been incarcerated, driven in part by the economic necessity of tapping a huge prospective labor pool. More than 70 million Americans have a criminal record and 8 million have served time in prison, according to research by the Brennan Center for Justice. Yet a confluence of company policies, legal restrictions, and discrimination prevent capable people with criminal records from getting jobs.

After speaking candidly about his prison record to potential employers, Adam Garcia got six job offers (Photo courtesy of Adam Garcia)

Now many employers have begun to play a significant role in removing barriers to employment for these prospective workers, both within their organizations and in the U.S. overall. “Government policies are necessary, laws are necessary,” said Beth Avery, a senior staff attorney at the National Employment Law Project (NELP). “But I think you’re going to get the broadest change if employers are going along with it too.” Not only is it the right thing to do in terms of social justice, but this is a talent pool that’s diverse and qualified, said Michelle Kuranty, executive director and head of talent acquisition sourcing at JPMorgan Chase, which has adopted a policy of giving people with criminal backgrounds a second chance. “As the country continues to recover from the pandemic, businesses are adapting to economic conditions and resuming their search for skilled workers,” Kuranty told From Day One. “By reducing barriers to employment for justice-involved individuals, we will be able to get more people back to work more quickly.”

This represents a sea change for corporate America, where barriers to employment for people with criminal records are so great that many are forced to look elsewhere. “When individuals tend to come home and get jobs, it’s at small businesses or they become entrepreneurs,” said Keesha Middlemass, an associate professor of political science at Howard University and author of Convicted and Condemned: The Politics and Policies of Prisoner Reentry. “And most of these small companies are created by people who have been affected by the criminal justice system.”

A Crippling Level of Unemployment

In the U.S., the unemployment rate for formerly incarcerated people is almost five times higher than that of the general population, according to the Prison Policy Initiative. The rate for formerly incarcerated people is 27%, which, the organization says, is “higher than the total U.S. unemployment rate during any historical period, including the Great Depression.”

Unemployment is even higher at the intersection of criminal record and race, and highest at the intersection of criminal record, race, and gender. Formerly incarcerated Black women have an unemployment rate of 43.6%, the highest of any demographic slice. NELP’s Avery points out that barriers to hire are rooted deeply in racism. “Our criminal legal system over-criminalizes populations of color. Black people, Latinx people. So those folks have way more records, and then we see studies that when people of color have records, they’re also punished more harshly for having those records.”

The current labor shortage makes the opportunity gap even more stark. In December 2021, Reuters reported that there were 11 million open jobs in the U.S. Besides the 70 million Americans who have criminal records, NELP estimates that 700,000 people are released from incarceration every year. “It’s an untapped workforce,” said Middlemass.

The Movement to ‘Ban the Box’

A common obstacle in the application process is the checkbox that asks applicants if they have a criminal record, or “the box.” The Ban the Box campaign calls for for public- and private-sector employers to strike the question from applications. “The theory behind Ban the Box is that people will have an opportunity to introduce themselves, to demonstrate that they are worthy of being employed,” said Middlemass. “They're worthy of doing the job. They have the skills to do the job. They can present themselves versus an automatic rejection.”

So far, 35 states have banned the box for public sector jobs, and many private employers have jumped on board, according to NELP. This practice may prevent candidates from being disqualified at the application stage, but it does not prevent an employer from running a background check later in the hiring process.

Evidence suggests that banning the box is effective. The City of Durham and Durham County in North Carolina banned the box in 2011 for city and county positions. Between 2011 and 2014, “the proportion of people with criminal records hired by the City of Durham increased nearly sevenfold,” according to the Southern Coalition for Criminal Justice. The organization also reported that “96% of Durham County applicants with criminal records, who were recommended for hire prior to the criminal record check, were ultimately hired after the results of the record check revealed some criminal history.”

Even so, Middlemass is skeptical about that change being enough to sufficiently remove bias from the hiring process on a large scale. She believes that many companies need to take an even harder look at other early-stage filters that discriminate against applicants. For example, one study found that even “employers who do not conduct background checks are likely to avoid specific groups–namely, undereducated Black men–because they stereotype them as ex-offenders.”

“If companies really want to make a difference,” Middlemass said, “what they need to do is change their [applicant screening] algorithm, but also connect the person and what they’ve done since they've been released from prison. Make the time to figure out, when there is a crime, what is the connection between the crime and the job?”

For companies that want to remove barriers, banning the box is a good place to start. “That's the most obvious. That’s the low-hanging fruit,” NELP’s Avery said. “That’s the thing that’s screening people early in the process, so you get rid of that. That alone is not going to solve the problem.”

Redesigning the Evaluation Process

How can employers change the way they evaluate candidates? Andrew Glazier, the president and CEO of Defy Ventures, a nonprofit that runs entrepreneurial and job-skills programs for formerly incarcerated people, as well as training employers on fair-chance hiring, recommends the “nature/time/nature” framework. In this process, the employer considers the nature of the crime, the time elapsed since the crime, and the nature of the job, said Glazier.

Eaton, the industrial power-management company (total employees: 85,000), uses a system like this, said Stan Ball, the company’s VP and chief litigation counsel. He said that candidates are not asked to disclose criminal history during the application process. If a conditional offer of employment is made, a third-party agency runs a background check. The agency searches the previous seven years and looks only for crimes that may be related to the position. “And even at that point, it’s not an automatic dismissal,” Ball told From Day One. “There is a conversation that will happen between the site HR manager and the particular job applicant to make sure it's an individualized decision.”

Ball stressed that no particular offense disqualifies a candidate. “What matters most to us is that we have an individualized, intelligent assessment of whether or not the particular offense actually even relates to the job issue.”

Reconsidering the Liability Issue

Many potential employers believe people with criminal records pose a larger risk to an employer than those who don’t, said Middlemass, who argued that all employees are a potential liability to an organization, regardless of criminal history, and that this is a calculation employers must make of all workers.

Candidates with criminal records tend to carry the burden of proof that they will not be a liability, but it’s difficult to prove a negative, of course, and Avery believes the responsibility should be flipped. “The employer needs to be able to show that a person's record is truly indicative of a likelihood of something happening, something being recent and relevant, before they’re screening someone else because of their record.”

In fact, data indicates the employees with criminal records in some cases fare better than those without. A study of 1.3 million military enlistees found that ex-felons are promoted more quickly and to higher ranks than other enlistees. Another found that this demographic has much longer tenure and are less likely to voluntarily quit their jobs. Research at Johns Hopkins Hospital found ex-offenders have lower job turnover than non-offenders.

Changing the Legal System

Despite changes to employer policies, laws can still get in the way. In the heavily regulated financial sector, parts of the Federal Deposit Insurance Act prevent companies like JPMorgan Chase from hiring the candidates they’d like to.

The company has been vocal and proactive about its support for fair chance hiring. In April 2021, the banking company was a founding member of the Second Chance Business Coalition, whose members commit to fair chance hiring practices and policies. JPMorgan CEO Jamie Dimon and Eaton CEO Craig Arnold serve as co-chairs for the group, which includes dozens of household names including AT&T, McDonald’s, and Walmart.

JPMorgan endorsed the Clean Slate Act of 2021, which would create a record-clearing process and automatically seal some records of low-level crimes. Eaton, too, has challenged legal structures. Arnold is a member of the Business Roundtable’s subcommittee to advance racial equity and justice, which, among other things, identifies and promotes criminal-justice reforms and the removal of barriers to workforce reentry. Eaton’s Ball said the company rallies its corporate neighbors in Ohio, where the company has deep roots, to join the effort. “Can we get folks who have been on the bench historically–can we get them back in the game?”

Garcia, who now works for Checkr, said he wishes employers had a better understanding of the criminal-justice system–how it works, what it means to have a criminal record, and how easy it is for anyone to make mistakes that entangle them in the system.

How to Get Started With Systemic Change

Overhauling talent-acquisition practices to include fair-chance hiring can feel daunting, according to one person helping to lead the process, Jen Gudgel, global director of diversity, equity, and inclusion for automotive supplier BorgWarner.

Gudgel, who acknowledges that she is new to fair-chance hiring, is moving enthusiastically with the support of leadership behind her. She began by building an internal task force and studying second-chance hiring practices, which included taking the Society of Human Resource Management’s Getting Talent Back to Work course. Next, her team created a communication plan to educate HR leaders on the vision for the project and worked with their legal team to review hiring practices, which vary by state according to local laws.

Gudgel said the hardest part, at this point, is helping her colleagues understand this isn’t an initiative that will produce instant results. “How do I get from where I am today to where they are?” she said of other companies further along in the process. “What we’ve realized is we just have to take the first step, and then we’ll take the next step.”

Emily McCrary-Ruiz-Esparza is a freelance reporter based in Richmond, VA, who writes about workplace culture and policies, hiring, DEI, and issues faced by women. Her work has appeared in the Washington Post, Fast Company, and Food Technology, among others, and has been syndicated by MSN and The Motley Fool.


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Karthik Ramanna, professor of business and public policy at the University of Oxford, describes the moment as an “age of outrage” in his new book, The Age of Outrage: How to Lead in a Polarized World, published last week by Harvard Business Review Press.As election season in the U.S. reaches its peak, rhetoric is sharpening (not to mention quite foul) and the public is feeling nervous and emotional. While tension and even anger over political, ideological, or values differences is nothing new, for the title of his new book, Ramanna chose the word outrage. There’s just something different about the current tenor of the moment: A hotter temperature and a higher pitch. For companies, dealing with this force is no longer a PR task, but a “critical capability,” he writes.Managing in the age of outrage is not the same as managing isolated incidents of disagreement, Ramanna told From Day One. 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Who Are the Next CHROs? A High-Stakes Recruiting Task Gets Serious Attention

Not long ago, if you’d asked someone what the most conservative part of an organization was, chances are the answer would be the HR department. Well, maybe tied with the general counsel’s office, but the image of the top HR officer as a high-ranking paper-pusher or disciplinarian carried on for decades.No longer. In the information age, when companies are increasingly investing in human capital over physical capital, the chief HR officer plays a pivotal role in a company’s fate. Today’s CHRO is a business leader, operating what Deloitte named “boundaryless HR,” in which “the traditional people discipline itself starts to merge with other related disciplines like decision science, behavioral economics, and academic disciplines such as psychology, sociology, and anthropology.”The question now becomes: Where can companies find a person like that for such a high-stakes role? 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Among the most coveted qualities in a HR chief is agility, and cross-industry work naturally develops that skill. Now companies recruit CHROs with much of the same criteria they use when recruiting business leaders: experience with mergers and acquisitions and the grunt work of combining workforces, knowledge of a P&L, plus familiarity with thorny issues like labor-union negotiations. “At a company juncture—say, a new CEO comes in and they’re tasked with some turnaround—they often need a different type of CHRO for that phase of the company,” said Jennifer Wilson, co-head of the global HR officers practice at Heidrick & Struggles. “With the amount of M&A and cost-cutting, and then getting back to growth, they want to find somebody who’s been through that cycle.” Why Your Next CHRO May Also Be a JDIf you’re looking for a CHRO with cross-industry experience, plenty of exposure to the C-suite, plus experience with assembling multiple companies and quelling labor disputes, a labor-and-employment lawyer often satisfies the brief. With greater exposure to risk (as a sample: reputational, environmental, technological, privacy, and supply chain) it’s reassuring to know there’s an attorney occupying the seat. “There’s the employee-engagement lens, and there’s the productivity lens, there’s the regulatory lens, and there’s the profitability lens,” said WTW’s Bremen. 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That is something that I really try to embrace and live by every day.”Hagerman is also a keen scout, continually monitoring what’s going on both inside and outside the organization, “understanding what’s happening politically and socially in the markets so that I can weigh in, whether that’s with our executive team or with our board of directors, or being able to think about how those may impact eventually our workforce.”HR has far more credibility and influence than in the past, Hagerman said, reflecting on her decades in the department. “The world now understands that people resources are really fundamental to the bottom line. Succession planning, development of associates—the focus on those things is far greater now than they ever were. Of course, cybersecurity, protection of data–all of those things–are more in the limelight now than ever.”Yet Your Next CHRO May Not Be Working In HR Right NowA career in HR can win you the seat at the top now, but that may not be true for the next generation of CHROs. Today, businesses seldom want an HR executive who has spent all their time in the department, said Wilson at Heidrick & Struggles. “In the companies we work with, it’s often said that if you can find somebody with a business background who’s either been in management consulting or held either a P&L role or a functional role outside of HR, that’s more interesting to us.”The next crisis is always around the corner, Korn Ferry’s Kaplan told From Day One, and HR has to be there to meet it. 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Regardless of industry, he believes the most successful future CHROs are schooling themselves in the application of new technologies, particularly artificial intelligence, and have analytical capabilities far superior to their predecessors.In case you were thinking of plucking your next CHRO from the Wharton School, however, Kaplan cast doubt on the wisdom of choosing an MBA for the job simply because they’re a whiz at business. “If someone says to me, ‘I’m not an HR person, I’m a business person,’ that is a sign that I’m wasting time. I’ve never heard a CFO say, ‘I’m not a finance person, I’m a business person.’”Disciplines like finance can be taught in school, Kaplan argued, but HR is learned through apprenticeship. Management consultants who spoke to From Day One predicted that the future chiefs who are coming up through the HR department are leading complex functions at the moment, as heads of talent or directors of compensation and benefits.As today’s CHROs consider their potential successors, what are they looking for? At Moody’s, Kazanjian wants someone who is open-minded, bold, and analytical. She imagines that person might be in law, or they might be in management consulting. Toussaint wants someone who deeply understands the company culture at Xylem as well as how the business makes money, someone who’s good at data analysis, and someone who is a “truth teller,” uncowed by hierarchy. Manchester hopes her Fiserv successor has financial acumen and an always-learning attitude. At Genworth, Hagerman wants a values-driven, business-minded leader with deep knowledge of HR and a knack for diplomacy. Someone who is willing to uphold integrity, “above all else.”“Once upon a time, it was possible to be the most senior HR leader in a company and not have a grounding in the business fundamentals,” Bremen said. “That skillset is a necessary, but not sufficient, condition.” Yet business acumen alone isn’t enough without a deep understanding of the CHRO discipline, though he’s seen it happen. “They struggle. Just as you would struggle if you put someone in a chief marketing officer role who did not have a background in marketing. Sometimes leaders take those HR skills for granted.”Emily McCrary-Ruiz-Esparza is a freelance journalist and From Day One contributing editor who writes about work, the job market, and women’s experiences in the workplace. Her work has appeared in the Economist, the BBC, The Washington Post, Quartz, Business Insider, Fast Company, and Digiday’s Worklife.

Emily McCrary-Ruiz-Esparza | September 24, 2024

Election Stress in the Workplace: How Leaders Can Respond Without Taking Sides

Business leaders don’t need outside research to tell them that anxiety around the coming Presidential election is high–and that the stress can impact employee well-being and productivity, but here are some sobering stats:•73% of U.S. adults say they are anxious about the election, according to the results of the 2024 American Psychiatric Association’s annual mental health poll.•55% of Americans surveyed by Pew Research always or often feel angry about politics.•8 of 10 in the Pew survey used a negative word or phrase to describe how they feel about  politics, with “divisive” being the most used.•Nearly two thirds of workers (65%) surveyed this summer by the Society of Human Resource Management (SHRM) said they have experienced or witnessed incivility in their workplace within the past month. And more than a third of workers (34%) said they believe the November election will trigger additional incivility in the workplace.In fact, psychologists and researchers are now studying a distinct form of anxiety called “political anxiety” and the unique way it harms both physical and mental health. The stress has been building since the 2016 election.The good news: executives, HR teams, and managers can—and should—prepare (now) for the November election. With just a few weeks until workers head to the polls, From Day One reached out to HR experts to learn about their strategies to diffuse stress and political polarization in the office, and, if necessary, address conflicts that may arise. Among the takeaways:Encourage Employees to VoteOne simple and non-controversial step companies can take is to promote voting. While there’s no federal mandate that employers give workers the day off to vote, some states do, and many companies provide flexibility on election day. Encouraging workers to vote is a good way to acknowledge what’s on their minds without taking a political position.If you’re curious about what other organizations are doing or need to back up a recommendation to leadership, check out Time to Vote, a non-partisan business group launched in 2018 that believes “workers shouldn’t have to choose between earning a paycheck and voting.” With more than 2,000 member companies including VISA, P&G, and Target, the organization is attempting to bridge the legislative gap and increase voter turnout. Patagonia, one of the companies that founded Time to Vote, has been giving its employees Election Day off since 2016. This year, the outdoor apparel company will close stores, offices, and warehouses on Oct. 29, national Vote Early Day, to allow workers to vote and volunteer in support of the election.Acknowledge Political Differences, But Don’t Take Sides“Some leaders want to take a stance, but I would caution them not to impose their political views. Your job is to stay neutral,” says Deb Josephs, an HR consultant and executive coach. You can take a stand, without taking a side, she adds, “as long as you support the individual as opposed to an issue.” When Roe v. Wade was overturned in 2022, for example, one of her HR colleagues said their company put out a statement to let employees know that they could come to HR if they needed support for reproductive health. Large employers like JPMorgan Chase and Meta and others announced they would cover travel costs for employees who are seeking legal abortions out of state.   Keep the Focus on Empathy and Employee Support “Organizations need to say it’s a polarizing time, and that could be impacting how you show up at work,” offers Tracy Avin, Founder of TroopHR, a human resources peer group with more than 1,300 members and 15,000 LinkedIn followers. Avin says the topic of how to address the election has come up often in the TroopHR message boards, so much so that she decided to host a fireside chat called “Leading with Empathy in Polarizing Times” with an outside expert this September. One piece of advice from the virtual session: Develop an "Allyship Series" or similar educational program to foster understanding and empathy for different experiences and perspectives within your organization.She advises HR leaders to do what she does for her members: create a supportive environment where all viewpoints are welcome. “It’s an opportunity for managers to know how to respond. It’s not about opinions,” she said. “You can say something like, ‘It seems like you’ve been upset lately,’ so that person can express that they are stressed out. Then you can tell them to take a day off or provide mental health resources as needed.”Additional outlets for employees might include a moderated Slack channel or an employee resource group (ERG). “What’s most important is that employees know where they can go for support,” says Leonora Wiener, an executive leadership coach and former chief operating officer of Consumer Reports. Communicate Early and OftenAt Consumer Reports, Wiener helped lead teams through the 2016 and 2020 elections, the racial-justice reckoning after George Floyd’s murder, as well as the pandemic. She stresses the importance of listening to employee concerns and actually asking your staff what kind of support they are looking for. “Oftentimes organizations aren’t that good at finding out what their ‘internal customers’ need,” she said, adding to make sure any feedback groups are diverse and include representatives from all generations and backgrounds. In terms of communications, her philosophy is lather, rinse, repeat. “People need to hear the same message many times, and it needs to be said through different channels. Not everyone reads Slack or emails, and not every manager delivers the message in the same way.” Start that election communications drumbeat today, she says.Don’t Go It Alone Josephs echoes that sentiment, recalling how much “over communication” was required during the pandemic and other recent events. She also points out the added pressure and increased responsibility borne by HR and people leaders as social and political issues continue to divide the country and tensions spill over into the workplace. Her tips: find support, leverage your professional networks, and share information with your peers. They are likely also engaged in scenario planning and reviewing their employee handbooks to ensure current policies are being followed.   Revisit and Reinforce Your Corporate Values Speaking of employee handbooks, now is the time—not the day before the election—to take a good look at your organization’s values and what employee behaviors are and are not tolerated. “You want to support employees,” said Wiener, “but you also need to be prepared for [how you will respond to] conflict.” Once you review your employee handbook, it’s important to figure out how the company will act if one of those values is violated. “Leadership needs to decide if they have zero tolerance or if they will put an employee on probation, and they need to be consistent.” Get Input From the Legal Department But Don’t OvercorrectShould you involve legal? Yes, says Wiener. “It’s important to be prepared and understand what you can and cannot do.” Scenario planning, she says, is critical. Ask yourself: How will either election outcome affect my products and services (supply chain, tariffs)? What are the risks and mitigants (for any immigrant workers)? How will employees be impacted (job productivity, mental health)? How might you handle immigration issues, or a harassment claim? But don’t go down a legal rabbit hole. Alison Taylor, a clinical professor at New York University’s Stern School of Business and author of Higher Ground: How Business Can Do the Right Thing in a Turbulent World, weighs in with a word of caution:“The main thing I’m seeing out there is that corporations are overreacting to advice from their legal teams, and dialing back on DEI and ESG because they fear legal retaliation under a Trump presidency,” said Taylor. “But they seem to have forgotten how angry the public and employees were over issues like climate change and racism under the last Trump presidency.” She continued: “A laser focus on legal risk is not a good idea. There needs to be broad scenario planning, certainly caution over sustainability commitments, but also care and restraint about overreacting to rhetoric from either side.”Jenny Sucov is a journalist and editor who focuses on health and well-being. She has worked for companies and publishers including Hinge Health, EverydayHealth.com, Canyon Ranch, Real Simple, and Prevention.(Feature photo by Adamkaz/iStock by Getty Images)

Jenny Sucov | September 23, 2024