In nonprofit hiring, we often talk about diversity, equity, and inclusion (DEI) or a newer term that’s gaining popularity, diversity and belonging. No matter what we call it, there is a genuine effort from nearly every corner of the social-impact sector to expand and diversify our candidate pools.
But, as “they” often say, we don’t know what we don’t know. And although so much of our sector can boast wide-reaching, fair hiring practices, there are inevitably certain talent pools that seem to go unnoticed by hiring managers, and are excluded from standard equal opportunity statements and boilerplate job descriptions. One such group is individuals with criminal records.
To show our support of ban the box efforts taking place across the country (more on that later) and with insights from our friends at Veo Careers, Fortune Society, and Operation Restoration, we’ve developed this resource to introduce some terms and best practices for making your job descriptions searchable and accessible to individuals with criminal records.
What is ban the box, and why does it matter?
While the language and breadth of individual state and local ban the box policies may vary, the central idea is generally the same: questions regarding conviction history should be removed from job applications in order to ensure applicants are initially judged based on qualifications alone.
Additionally, many of these policies—often referred to as fair chance hiring policies—also ask employers to consider time passed since the offense, whether the offense is related to the job opportunity in question, and whether the applicant has the skills for the job, or perhaps a glowing recommendation.
According to the National Employment Law Project, as of 2023 more than 150 cities and 37 states have some form of ban the box laws on the books.
Find out if your organization operates in a locale with codified fair chance hiring policies.
Keep in mind, however, if you choose to use the term “fair chance” in your organization description or job listing, this often implies that your organization is receiving a benefit or government support when hiring from that particular candidate pool. It can be confusing for applicants if you use the term but your organization does not benefit from financial support or incentive.
Adjusting your organization’s equal employment opportunity statement
Though not required by law, in order to declare fair hiring practices and demonstrate compliance with nondiscrimination laws, many organizations publish an equal employment opportunity (EEO) statement.
Here is an example of an excerpt from an EEO statement that encourages formerly incarcerated individuals and those with a criminal record to apply, as drafted by the team at Veo Careers:
Organization XYZ also values providing prospective contractors and employees with a fair chance to pursue opportunities. We consider individuals in a manner consistent with the requirements of applicable Fair Chance ordinances. We will consider for employment all qualified applicants, including those with a criminal history (including relevant driving history), in a manner consistent with all applicable federal, state, and local laws.
To make employment at your organization accessible to individuals with a criminal record, it’s important to make it clear—in writing—that they are encouraged to apply.
If a background check isn’t a requirement, don’t include it in the job description
This one is easy. Is a background check legally required for the position for which you’re hiring (or for your organization)? If yes, be clear about that in the job description, if not, be clear about that in the job description. If your organization doesn’t conduct background checks, you may also want to mention this in your EEO statement.
If you choose to (or need to) do a background check, consider including a more honest statement about how an applicant will be judged. Rather than simply stating that applicants will be “judged fairly,” consider something like “Individual applicants will be evaluated only for the things that may preclude them from performing the job.” You can even go as far as providing a specific example of how that is put into practice. For example, if you’re hiring for a position that works with children, “A background check will be performed to ensure you can work with children."
To embrace transparency from the start of your hiring process, list any legal barriers that exist for people with past convictions in job announcements.
When individuals are asked to “check the box,” organizations can anticipate an outsized rate of application attrition. If, however, there is a specific question you want (or need) to ask an applicant, target that question. For example, if you’re filling an accounting role, you may ask "have you been convicted of misappropriation of funds?"
Glossary of terms to include in a job description
Signal to individuals with a criminal record that they are encouraged to apply to your job by understanding the following terminology, educating co-workers, and including the language (where appropriate) in your job listings:
- Community hiring. Each year hundreds of thousands of people are released from incarceration and return to neighborhoods suffering from underemployment and lack of opportunity. Community hiring policies prioritize lifting local residents out of poverty by making good jobs accessible.
- Fair-chance hiring. Fair chance hiring is based on the premise that everyone, regardless of background, has the right to be fairly evaluated for a position for which they are qualified. Fair chance hiring laws and policies promote that a hiring employer only assesses a candidate’s conviction history after the candidate has been interviewed and is considered qualified.
- Felony-friendly employer. This is an employer that practices fair chance hiring. May also be referred to as a fair chance or second chance employer.
- Fair Chance to Compete for Jobs Act of 2019.
- Individual with prior legal system involvement. Using this term in a job description or EEO statement is a great way to signal that you are a fair chance employer. Other, similar terms include individuals with lived experience and previously incarcerated individuals.
- Skills-first hiring. Skills first hiring allows a hiring organization to back-burner more traditional degree or experience requirements, focusing instead on abilities and competencies. For an individual with a record who may not fulfill superfluous academic or professional experience requirements, skills first hiring offers a more agile and equitable solution to the hiring model. To highlight a skills-first hiring philosophy, consider including the following statement when applicable, “A bachelor’s degree or its equivalent in relevant lived experience preferred. People with lived experience in the criminal legal system, homelessness, substance use, mental health, or other areas are welcome to apply.”
Nearly 80 million people in the U.S. have a record, and of that 80 million, it’s estimated that the unemployment rate may be as high as 60%. Imagine the ways in which you’d be able to expand your candidate pool while really “walking the talk” of DEI if your organization were to pursue a felony-friendly and fair-chance hiring philosophy.
