HR says employees with criminal records are beneficial, but still won’t hire them

Employers may be overlooking a valuable employee population in their recruiting efforts: workers with criminal backgrounds.

A third of American workers have a criminal record, a potential roadblock for employment and career advancement. New research from the Society of Human Resource Management found that while HR managers are becoming more open to hiring these employees, more work should be done to overcome the stigma.

While 85% of HR professionals told SHRM that workers with criminal records perform better at their jobs compared to workers without criminal records, only 53% say they are actually willing to hire these individuals. Closing this gap requires that employers practice empathy and embrace the benefits this population can bring to their organization.

“When people with criminal records are excluded from the workforce, a large, willing, trainable talent source goes to waste,” SHRM president and CEO Johnny C. Taylor, Jr. said in a statement. “By encouraging employers to recruit, hire and give workers with a criminal background a chance, we can help close the skills gap and break the cycle of recidivism.”

Read more: Employee education is the key to preventing costly skills gaps

HR managers who have hired employees with a criminal record said 83% had a substance-related felony, like a DUI, or had committed a misdemeanor crime, like shoplifting. A quarter of HR professionals said they had hired individuals who committed a violent felony and 10% said they hired an employee with a record of sexual assault.

However, employers have concerns around potential risk of hiring these applicants: the SHRM report found that employers were most concerned with their own legal liability (36%) as well as how clients would react if they knew employees had criminal records (31%).

According to the Equal Employment Opportunity Commission, those with a criminal background are protected from job discrimination when their offense isn’t related to the job they’re applying for. Additionally, 36 states have Ban the Box laws, which prohibit employers from asking about an applicants’ criminal background during the application process. Employers are allowed to run a background check after making an offer, however.

“Get to know the applicant first, and find out why they may be the best fit for your organization,” says Heidi Mason, attorney at Innova Legal Advisors. “Remember people with criminal histories are scared to be asked that question. If you let them know you’re not disqualifying them, hopefully it puts them at ease.”

SHRM has committed to advancing this population and breaking down recruiting stigma through several initiatives. Their Getting Talent Back to Work Pledge provides training and support to encourage employees to look past hiring biases. SHRM and the Charles Koch Institute also formed the Second Chance Business Coalition; employers including Target, CVS Health, Microsoft, Prudential and others have committed to expanding their hiring practices and advancement opportunities for employees with criminal backgrounds.

“Lack of employment is one of the biggest barriers to successful reentry for those with a record,” Derek Johnson, executive director of the Charles Koch Institute, said in a release. “Second chances not only empower the individual to contribute fully and make families whole, they benefit the employer with quality talent that has worked for and values the opportunity.”