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Myth: My Organization Has a Fair Hiring Practice

FACT: Prior research suggests that employers discriminate against those with criminal records, even if they claim not to.


Although employers express willingness to hire people with criminal records, evidence shows that having a record reduces employer callback rates by 50%.


In order to implement fair hiring best practices, companies should remove questions regarding criminal convictions from job applications. Delay asking about applicant’s criminal history until conditional offer of employment (NYC Ban the Box Law). Get written permission from the applicant to run a background check. Apply the 8-factor New York Correction Law Article 23-A test and remember job-relatedness. Train anyone who hires on laws and Article 23-A. Provide anti-discrimination and implicit bias training to anyone with hiring responsibility to ensure fair screening of applicants. Set clear objectives for recruitment efforts. Consider conducting regular audits to determine whether criminal record screening policies are having an adverse impact on Black and Latino job applicants. Standardize hiring selection procedures for those responsible for hiring.


This post is an excerpt from Cornell University IRL (Industrial and Labor Relations) School's original post by Timothy McNutt, "9 Myths About Hiring People with Criminal Records"


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