Q&A talks with Marilyn B. Kendrix, a University of New Haven alumna and adjunct professor, about bias in the hiring process toward those with convictions on their record.
Q: You spoke recently on Turning Away Talent: Implications of Not Considering Applicants with Minor Offenses on their Record. What was the gist of your talk?
A: I spent some time familiarizing the human resources folks who were there on mass incarceration. We as a nation imprison more people than any other nation on the planet and many of those imprisoned are for non-violent drug offenses. If there were not targeted enforcement — many other people have committed those crimes but not been imprisoned — this would be less of an issue. When they get out of prison, it is built into our system such that there is nothing they can do but reoffend and go back in. There is legal discrimination against them. Some employers have a box that asks if you have been convicted or arrested — no matter how long ago. People with convictions are prohibited in many communities from getting a license to work on their own whether it’s cutting hair or selling hot dogs on the corner. The list of exclusions in Connecticut is pages long. Many of these people were targeted for enforcement because of where they live. They can’t live in public housing once they are convicted. So now they can’t get a job and they’re homeless. They can’t receive public assistance like welfare or food stamps. Many can’t vote again but that’s the least of their problems. The system is structured so they can’t eat again. Their needs of survival are undermined such that there isn’t anything legally to do. Many other countries address these problems as a public health issue. Our response as a nation has been punishment … that goes on for the rest of your life. The people caught up in this have the same diverse wealth of talents … but we look at that box about conviction or arrest and dismiss them out of hand. I’m not suggesting we hire a violent offender to work in a day care center. But there might be people who check that box who could be a good fit in your organization but you don’t hire them because they check that box. It’s important for us to be concerned with the number of people we incarcerate … that we find a way for them to join in the economic system where we all flourish once they are released.
Q: How do you quantify minor offenses? What are some examples?
A: Non-violent drug offenders. With targeted enforcement on the war on drugs, you have young people, especially young black males, going to prison for having a joint in their pocket … or some amount of cocaine, a minor amount. We have thought as a society that the war on drugs was targeting kingpins. The vast majority who have been imprisoned are people who are addicted to drugs. They don’t get treatment. They get punishment and they go back to prison.
Q: Where do you stand on repeat offenders of minor offenses? Should they be considered for employment as well?
A: Yes — because of the system I just explained — it’s almost built in that if you have offended once you are going to offend again. It is also important to understand the definition of repeat offender. It seems as if this person has made a conscious decision to break the law but that is not always the case. Most people, when they leave prison, are handed a bill for several thousand dollars. It accrues interest and if you don’t pay that is re-offending. You can be re-imprisoned. That is strike two. I wonder how we can expect someone bused from a prison in Somers to downtown New Haven with a box of belongings and the check for work done in prison that can’t be cashed because he or she doesn’t have a bank account … You’re dropped off in New Haven and told to go on your way. What do you expect them to do?
Q: What›s the best way for human resource professionals to overcome these biases? After all, if it comes down to two equally capable candidates and one doesn›t have a record, won’t most companies prefer that candidate?
A: My suggestion is if they’ve already come to the point where they have two equally qualified candidates, they have already done what I ask. They have at least considered a candidate with a conviction. Most employers won’t even look at them and the application goes in the circular file immediately. Today you might think the thing to do for my company is to hire the person who is second best because the person doesn’t have a felony connection. I would suggest that is not the thing to do.
Q: Any advice for those with minor offenses on their records? What can they do to become more attractive to future employers?
A: There are more and more programs for ex-offenders to hook up with. There are events where people can learn about the programs in place. As we provide more structure and church-based efforts, they should avail themselves of those opportunities. There are good people who are trying to reach out and provide a welcome back. Every individual has to say yes to that helping hand. The vast majority of the people in prison are poor. People in the middle class and upper class have support structures in place when they get out of prison. If nothing else they have families who can help them turn their lives around. It’s driven by what economic resources are available to you. If you’re poor and others in your family are poor, I don’t believe there’s a way to do this on your own.