Category Archives: Uncategorized

Listen up employers: the U.S. takes aim at criminal background checks

background_checks
Yay! Just yay! That’s what I thought when I saw today’s news that the U.S. Equal Employment Opportunity Commission had charged two major companies with discrimination in hiring by using background checks to disqualify potential employees.

The EEOC lawsuit alleged BMW and Dollar Tree both discriminated against African Americans in using evidence of a criminal record to terminate employment of workers, many of whom had been employed at these companies for several years.

The federal agency was smart in choosing cases in which the violations appear to be so blatant. Even though both companies have challenged the suits, it will be interesting to see how this proceeds. It’s high time employers were reminded what their responsibilities are under the law, as well as the fact that a black mark in someone’s past shouldn’t define their future.

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Hope for ex-offenders: increased focus on justice reform puts spotlight on reentry

It’s unlikely that it made any of  the 2011 trend lists.  But it should have:

What’s Out : Being tough on crime by throwing people in prison.                                             

What’s In:   Being smart about crime by putting serious offenders behind bars and finding alternative and more cost effective punishments for nonviolent offenders.

It’s true.  For the first time in more than thirty years, we’ve got both the left and the right calling for a more sensible way to deal with crime in the U.S.   Two years after Senator James Webb,D-VA  became the lone wolf decrying the nonsense of the U.S. imprisoning people at a rate five times the world’s average, even conservatives have embraced the need to do something to repair a costly and ineffective system that doesn’t make us any safer.

I’ll admit I was a little skeptical when I first started reading about  Right on Crime, the conservative organization backed by such Republican luminaries as Newt Gingrich, William Bennett and Grover Norquist.   After reading their proposals, however, I’m encouraged that a platform being advanced by the folks who usually campaign to lock up lawbreakers no matter the cost, may actually lead to some real change.   For one, they make no bones about laying out what the problem is and how we got to our current state of diminishing returns:

Under the incarceration-focused solution, societies were safer to the extent that dangerous people were incapacitated, but when offenders emerged from prison – with no job prospects, unresolved drug and mental health problems, and diminished connections to their families and communities – they were prone to return to crime.

All of this, is of course, true, and something that most people can agree on regardless of where they fall on the political spectrum.  Obviously, the reason we’re looking at it now is primarily budgetary.  It’s just too expensive to put so many people in prison.  But if that can spur reform, I’ll take it.

One of the provisions I’m most intrigued about is the conservatives desire to deal with the whole issue of negligent hiring suits, which make so many employers reluctant to hire parolees.   Reducing the potential risk of such lawsuits could  go a long way towards bringing down recidivism, since people with jobs are less likely to commit new crimes.   The challenge is to see whether this will change how employers behave in a labor market with double-digit unemployment.  

In two recent New York Times opinion pieces, author Tina Rosenberg also emphasized that” prisoner re-entry has become a hot topic in the field of corrections, largely because of the increasing number of people being released (many as states cut back on budgets).  She also did a great job of describing the challenges faced by returnees and describing the patchwork nature of reentry programs — highlighting a few like the renowned Delancey Street residence in San Francisco and Fortune Society’s Fortune Academy (known as “The Castle”), which work.  There’s also a piece here citing programs in states like Michigan, that have been successful in helping ex-inmates find jobs. 

What do you think is going to happen in terms of criminal justice reform?   Earlier this month, Senator Webb and The Prison Fellowship sponsored a symposium at George Mason on “Undoing the Effects of Mass Incarceration.”  The State of Louisiana recently announced it’s going to take the plunge to reform it’s prison system.  Will this all be a lot of talk or will/can the country follow suit?

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Filed under alternatives to incarceration, companies hiring ex-offenders, hope for ex-offenders, prison reform, probation and parole, reentry, Uncategorized

Second chances: Michael Vick and the challenges for ex-offenders

It was heartening to hear of  President Barack Obama praising Philadelphia Eagles owner Jeffrey Lurie for giving Michael Vick a second chance following  the quarterback’s release from prison. 

“He (Obama) said, ‘So many people who serve time never get a fair second chance,’ ” said Lurie, who did not indicate when the call occurred. “He said, ‘It’s never a level playing field for prisoners when they get out of jail.’ And he was happy that we did something on such a national stage that showed our faith in giving someone a second chance after such a major downfall.”

You can’t get better press than that.  Even allowing for the fact that Vick, as a gifted athlete, is a unique case, his comeback does demonstrate the possibility of redemption and the importance of letting individuals take a crack at starting over.  What would be nice now would be to see Vick play a broader role in helping other ex-offenders start anew. 

They’re going to need it.   Despite an apparently rosy holiday retail season, the jobs picture hasn’t improved and the indicators are not encouraging.   A recent study by Rutgers University, which followed unemployed workers for 15 months noted that only a quarter had found new jobs and most of those were for lower pay and benefits.   “The Shattered American Dream: Unemployed Workers lose Ground, Hope and Faith,” found that  despite optimistic projections by some economists, many see the changes in the job market as structural and long-term.  New York Times columnist Bob Herbert does a great job of explaining the disconnect here.

One can only hope our leaders wise up  and  take some action to spur real  job growth sooner rather than later — and that in the meantime,  enlightened employers with good stories to tell like Vick’s get the word out.   

Do you know any you’d like to share?

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On endings…

I wanted a perfect ending. Now I’ve learned, the hard way, that some poems don’t rhyme, and some stories don’t have a clear beginning, middle, and end. Life is about not knowing, having to change, taking the moment and making the best of it, without knowing what’s going to happen next.

     Gilda Radner, actress and comedian (1946-1989)

I hate endings, too.  I’ve never been good at them and there’s never a perfect time.  But with the New Year coming, I’ve decided to take a break from teaching at the jail.  

Part of what  made the decision so difficult was that I don’t feel as if I’ve finished anything.  I’ve graduated plenty of students in nearly three years of teaching employability skills, but it’s unclear how many have been successful finding jobs.  And  unfortunately the supply of new recruits never ends.

For a number of reasons, however, it’s time to step away for now.  I’ve been stretched thin with work and other responsibilities.   I was also starting to feel burnt out, which in teaching is never a good thing.   Perhaps a break will refresh me and I’ll return. Or perhaps I’ll find a different way to help. I don’t know.   I just feel it’s time to talk to people on the outside and pursue some other projects I’ve been putting off.

In any event, I plan to continue the  Out and Employed blog as a resource for my former students and others looking to start over. I hope you’ll  forgive my absence and look for me to start posting again in the New Year.

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Recognizing those on the front lines of reentry

If one of these folks  has helped you rebuild your life, this is the week to let them know.   And feel free to share your stories here.

Over the years, I’ve volunteered in probation offices in both Indiana and Virginia,  doing interviews and presentence reports, counseling and helping manage caseloads.  In both places,  I’ve been struck by the dedication these always overworked and typically underpaid professionals bring to their jobs.  I know probation and parole officers are often viewed as one more legal  hurdle by those convicted of crimes.   Some of my students have talked about how they feel their P.O. is out to get them and eager to send them back to jail.  But the P.O.’s I’ve worked with work hard to help their clients succeed, and see rearrest, or imprisonment as a last resort.    

For more information,  you can check out the American Probation and Parole Association website.  There’s a lot of great info there on the history of probation, as well as the latest on what’s working in community supervision.     

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Filed under education ex-offenders, personal responsibility, probation and parole, reentry, reentry resources, second chances, sentencing alternatives, starting over, taking responsibility, Uncategorized

The humility challenge

A pedestal is as much a prison as any small, confined space.

— writer and feminist Gloria Steinem

The student was a young woman, not long out of high school.  And she seemed extremely sure of herself, which might have been why she was struggling with this particular job interview question.

“But I don’t have any weaknesses.”  She looked me straight in the eye.

In previous classes, we’d discussed the reason employers often ask about what you consider your strengths and weaknesses during interviews.  We’d talked about how everyone has weaknesses and how bosses often look for a measure of self-knowledge and maturity in your responses.  The key to answering this question, according to most career experts, is using it to highlight an area or trait you know you need to improve, and hopefully to demonstrate how you’ve either worked to correct it, or learned to compensate for your shortcomings.

A classmate, for example, had offered that she had struggled on occasion to learn things from manuals.  “But I’m very hands-on and I’ve demonstrated repeatedly that I learn quickly by doing.”

“I tend to take on too much responsibility,” said another.  “But over time I’ve become much better at delegating some of that work to others.”

This particular student, however, was stymied.

“There must be some area where you’d like to improve,” I offered.

She thought for a moment, then smiled slightly.   “I’m too competitive,” she said.  “I just always have to be the best.”

It wasn’t necessarily a bad answer, particularly in a society that loves victory as much as ours.  So just to see where she’d go with it, I asked her — as a recruiter no doubt would — how her competitiveness had hurt her.

Again, she looked perplexed.

“What about times when you couldn’t be the best,” I suggested.  “How have you handled that? ” What about academics?  Had she excelled there and been competitive too? Or had that been an area where she had a harder time?

“Grades didn’t matter,” she said.  “I didn’t go half the time.  That’s how it was if you were an athlete.”

Say what you will about this answer, she was honest at least.  And hardly alone in her attitude.  One of the challenges of revealing your weaknesses is that there’s seemingly no upside to it. Our culture doesn’t just love winners, we worship them.   We put them on a pedestal where they can do no wrong. We make allowances.  We go out of our way to revere “specialness” and ignore anything that might smack of less than perfect.

Then we expect that somewhere along the way, the same people that we’ve elevated are going to become introspective and acquire some humility. We expect the kids who look up to them to understand this.  At the same time, we seldom teach it, we don’t emphasize it.  Yet as a character trait, humility is as essential as perseverance — for all of us, but particularly for those looking to start their lives over.

For one, a sense of entitlement, lack of humility, feeling that you don’t have to play by society’s rules — spin it as you will — is often a direct contributor to criminal activity.  Researchers  long ago identified a distorted feeling of being “special” or above the law as a critical component of the criminal mindset.

Secondly, explaining your past to the general public is a humbling experience, as countless ex-offenders will attest.  As a former felon you may be forced to take a job you consider beneath your abilities because it’s the only way to feed your family.  You may be denied jobs for which you’d be perfect.  People may doubt what you say and question your character.

Dealing with this is going to require not only an ability to accept your situation and persevere, but as James Walker noted so eloquently in his recent guest post, the humility to acknowledge your mistakes, and yes, your weaknesses.

Otherwise, as Gloria Steinem observed, you do risk trading one prison for another, don’t you?

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Employers, what will it take to get you to hire ex-offenders?

The federal agency that supervises offenders on probation and parole in Washington, DC  isn’t going to tiptoe around this question anymore.  Instead, at a time when a bad economy has made finding a job with a record even more difficult, officials at the Court Services and Offender Supervision Agency have started flat-out asking employers whether they’d consider bringing a former offender on board, and if not what might be done to change their mind.

It’s all part of a new media campaign designed to bring awareness to the fact that not everyone with a criminal record is the same.  On any given day, the CSOSA’s Community Supervision Program is actively responsible for more than 16,000 offenders, many of whom are alcohol and drug-free, skilled, employment- ready and have put their past behaviors well behind them, says Leonard Sipes, the agency’s senior public affairs specialist.  Yet, only about 53 percent of those individuals are currently working — a statistic CSOSA aims to improve by confronting the issue head on.

” There’s a certain point where you’re not going to make an omelet unless you  scramble some eggs,”  Snipes said.  “So we decided to take a risk.    What do we have to lose by trying and giving businesses a voice? Sure, some will be harsh and negative, some will stereotype – but if  we don’t engage in this conversation things will stay the same.  Hopefully by doing this we’ll  open the doors for one person to get hired and then maybe for two more the next time and build from there.”

The CSOSA will run video and radio interviews with employers on  its website and YouTube.   While some employers have been encouraging,  many  have told Sipes that they simply don’t want to hire ex-offenders because they’re worried about having to deal with trouble.  “They want ironclad guarantees that the person will show up and do the job without creating problems,” he says.

Often, the companies want CSOSA to stay involved with the individual, so its caseworkers can help handle any situations that might arise.  Typically, the agency will refer only the most employment ready, mature and reliable individuals in order to avoid such problems, but they are willing to work with the employer to help ensure things go smoothly.  It’s in everyone’s interest, Sipes says, since studies show getting offenders back to work reduces recidivism and improves  public safety.  Employers who hire ex-cons can also take advantage of incentives, including  tax credits and federal bonding.

What can ex-offenders do to improve their chances?  Feedback to CSOSA so far indicates most employers are simply looking for someone with a good attitude.  Skills aren’t always as important, as they will often teach the right person, Sipes notes.  “If you  present well and  can say, ‘ I’m going to be here every day and I’m going to be a benefit to your company and all I need is an opportunity,’ —  a lot of people caught up in the criminal justice system have a hard time expressing that, but that’s what employers want to hear.”

It will be interesting to see what bringing this conversation to the surface will do.  Readers, how about you?  If you know companies that hire or don’t hire ex-offenders, what are their reasons?  Do you think more employers can be convinced to give former felons a second chance?

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Filed under background checks, bonding ex-offenders, companies hiring ex-offenders, criminal records, employer incentives ex-offenders, hope for ex-offenders, job search ex-offenders, jobs, jobs ex-offenders, recession ex-offenders, reentry, reentry resources, second chances, starting over, Uncategorized