Print   RSS

Should Your Small Business Hire Someone With a Record?

Brian Neese

January 10, 2014

For one in four adults, an arrest or conviction record is an obstacle for finding a job. 

These 65 million Americans, according to the National Employment Project (NELP), represent a population that has a great deal to offer.  Some businesses are “losing out” on a qualified part of the workforce.

While there is a significant portion of adults with a record, how do you make the decision to hire someone with that status?  Some legal and practical tips can help you make that choice.

Employment Rights and Legal Matters

While most businesses will have the option to deny employment to someone with a record, there are some legal considerations that you should be careful of as a business owner.

According to Legal Action Center (LAC), most states allow employers to not hire those with criminal records – and even those with arrest that never led to conviction.  There are some states (most notably Hawaii, Kansas, New York, and Wisconsin that regulate private employers) that have requirements involving individualized assessments of the person’s qualifications and abilities. 

The NELP adds that since September 11th, federal and state laws have been added that impose “broad new mandates denying employment to large numbers of workers who have a criminal record.”

However, workers that have a record do have protection.  The NELP notes consumer protection and anti-discrimination laws.  To date, 51 municipalities and 10 states (PDF) have “banned the box,” which refers to questions about one’s criminal record from job applications.

As a business owner, you should make sure that you are abiding by legal matters for those with a criminal record.

Practical Concerns: Should You Hire a Person with a Record?

The laws in your state may allow you to avoid people with a record during the hiring process.  However, as the NELP states, businesses may be “losing out” on qualified workers – nearly half of employers have hired someone with a criminal record, according to a CareerBuilder study.

How can you make the right decision, though?  Josh Tolan offers a few questions to help put things into perspective:

1. How long has it been since the offense? There’s a big difference between one and 15 years.  If it has been a long time, it could be a good indication that it’s staying in the past.
2. What was the nature of the offense? Tolan notes that when this question is answered, it’s a good way to see how the person responds.  Do they answer the question confidently and honestly – or make excuses? 
3. How will it impact job performance? If it doesn’t impact one’s job, the candidate should receive the same treatment you would in any other case.  Otherwise, proceed with caution.

The answer is ultimately one you will have to answer. 

Be careful of legal and practical matters that can help you decide if a person with a record is right for your business.  In either case, it could be a big mistake.

 Feedback   Submit Article