Question

The pros and cons of hiring employees with criminal records and risk assessment tests

1. Pros of hiring candidates with criminal history?
2. Cons of hiring candidates with criminal history?
3. Risk Assessment Test to assess the risk involved in hiring a person with criminal record?

Answer 1

Prison reforms and giving a chance to those who have violated the law is one of the hot topics of debate today. More than 6, 26, 000 individuals are released from the prisons in the USA every year. A bakery based in New York, which hires only those who are not hired by others earns around the US $ 20 million worth of revenues every year. However, there are also cons to the decision. For instance, people who have indulged in violence before may be more susceptible to display violent behavior again. Human resource managers and hirers may face a dilemma when they come across a resume belonging to people who have a criminal record.

Pros of hiring candidates with criminal history/record

a. Loyalty- employees having criminal records know how tight the job and professional market and situation can be for them. There are hence more loyal to the employer when compared to other employees and do not quit a job easily, thereby reducing the overall turnover rates.

b. Compliance- employers may also have to comply with the law of the land and cannot simply pass over the resume and job applications of candidates who have violated law earlier. Some of the laws/acts relevant here can be Title VII of the Civil Rights Act and FCRA or Fair Credit and Reporting Act. The Equal Employment Opportunity Commission also requires that companies carry out a fair analysis and evaluation of a job application and candidates, and are not free to set aside a resume and look over it just because the person has a criminal history.

c. Talent and new ideas- people with criminal records may also be talented and losing such talent only on the perception that the candidate may be a cause of problem and concern, later on, may not be a wise decision.

d. Good for community/society- not all people with criminal history commit a crime again. While there is still a chance that a good percentage of ex-offenders would be visiting the prison again, studies also show that unemployment may also increase recidivism. Therefore, a company may also be doing social good by hiring those with a criminal history and helping people not getting entrapped in a vicious cycle.

Cons of hiring candidates with criminal history/record

Compromising with company interest- the primary job of a hiring manager is to look after the interest of the company and to ensure that most competent people with good track record history, talents, character, and skills are hired. Hiring a prior criminal may not fit this criterion, especially when an applicant has committed certain kinds of grave and/or fraudulent crimes.

a. Recidivism- recidivism is a con or disadvantage as people with a criminal history may be more susceptible to committing a criminal act or indulging in bad behaviors again.

b. Adverse impact on other employees- the behavior, activities, and practices of certain employees with a criminal history may not be normal for the other employees. If such behavior is perceived as dangerous by the other employees, the work culture and environment of the company may deteriorate.

c. Adverse impact on reputation- the company may not be viewed in the same light and with the same regard when it starts to hire people with a criminal history.

Risk Assessment Test assessing the risk involved in hiring a person having a criminal record

Organizations, including business and not-for-profit organizations, have their policies about hiring and employing the ex-offenders. Those carrying out the assessment are required to have an open and nonjudgmental attitude. The policies and the efforts for the risk assessment test and framework should ensure that all applicants, including those with a criminal history, receive an objective and fair assessment so that unfair discrimination does not creep in the hiring process. Some of the important principles of a risk assessment framework and test may include:

a. To maintain the reputation of the organization and the staff.
b. To ensure the wellbeing and safety of employees, stakeholders, and others.
c. The meeting of all the requirements/conditions that make a person fit for a particular job (including educational credentials, experience, and skills).

Some of the important elements of a risk assessment test may include:

a. Judging the suitability and competency of the person for the post. This may require the scrutiny of the qualification, skills, and experience of the candidate and whether they match the requirements laid in the job description.

b. Assessing the conviction's nature and whether it is relevant for the role. Some posts and job positions may be exempt from certain acts related to the rehabilitation of offenders. Certain individuals having committed particular kinds of crimes may not be allowed to gain certain job roles.

It is also to be seen whether the legal constraints are applicable or not. For instance, some people may not be allowed to work with jobs related to children. When the job involves finance and direct responsibility of handling it, the assessors need to carry out further evaluations to know how grave the risks can be. In the same way, the severity of the crime, the age at which the crime was committed, or the circumstances under which the crime was committed are also some other factors that may also be considered and evaluated to calculate actual risk.

The risk assessment test also evaluates how hiring an offender will impact other stakeholders and whether hiring a reformed person can bring better knowledge and skills to the job role. Accessors also look into signs like remorse, rehabilitation, and motivation of the individual to change for the better.