Unemployment is High — But Even Higher if You Have a Record

For formerly incarcerated individuals, finding a job can be extremely difficult – especially in today’s tough economy.  But maintaining steady employment helps prevent a return to incarceration, for a variety of reasons.

A new report by DC’s Council for Court Excellence examines the realities formerly incarcerated individuals face in looking for work, and explores some of the reasons why the job search can be so difficult.

CCE surveyed formerly incarcerated residents of the District of Columbia about their success in finding work and their job search experience.  46% reported that they were currently unemployed – a striking number even compared to today’s high unemployment numbers.  Those who participated in prison employment assistance programs and training programs reported roughly the same employment rate as those who didn’t.  None of this, unfortunately, is really surprising (except perhaps the evidence that employment assistance and training programs in prison have limited effect).

But in an interesting twist, CCE also surveyed employers, asking whether they had ever hired formerly incarcerated workers, whether they’d be willing to, and what concerns prevented them from hiring the formerly incarcerated.  Only one third of employers surveyed responded that they had or would hire formerly incarcerated individuals.  (It wasn’t clear what portion of that one third had actually hired formerly incarcerated workers.)  The report suggests that this is an encouraging figure – but it means a significant majority of employers wouldn’t even consider hiring a formerly incarcerated worker.

One of the primary reasons behind this, the report found, was the fact that employers are concerned about potential liability risks associated with employing formerly incarcerated individuals – such as the risk of a negligent hiring lawsuit.  The report therefore suggests that DC adopt –as New York and Minnesota have – legislation providing for liability protection for employers who hire formerly incarcerated workers.  The legislation would affect the admissibility of employees’ criminal records or history of incarceration in lawsuits against the employer.

It’s an intriguing policy recommendation, but although liability is probably a factor influencing many employers, many other factors would remain – including plain old animus.