“A piece of paper told them something false and incomplete, so I stayed unemployed and desperate. There was no path forward for me. If employers had just talked to me and seen me for the person I am, I would have gotten a job and been an asset.”
- Kevin Scott, Community Spring Fellow (formerly incarcerated)
Community Spring Fellows 2020-2021
About fair chance hiring
Our community needs to adopt a fair chance hiring ordinance that would ensure employers consider applicants on an individual basis rather than just their criminal record. A well-designed fair chance hiring ordinance would require employers to:
Not ask about criminal records on the job application.
Delay any record screening until after a conditional offer is made.
Only look at convictions and pending prosecutions, not arrests.
Consider the context of any convictions, including time passed since the offense, whether it is related to the job position, and evidence of rehabilitation.
Give applicants an opportunity to review the information in the background report and provide additional context to the employer.
A fair chance hiring ordinance would not require an employer to hire an applicant with a record. The employer retains full discretion to conduct a background check and hire the most qualified candidate.
Why Fair Chance Hiring
Hundreds of people come home to our community from prison and jail every year. They are expected to work and be productive members of society. Many have fines and fees that they must pay as part of the terms of their release, and if they fall short they will be re-incarcerated. Yet despite being motivated and qualified, they face barrier after barrier to finding work. Pervasive questions about criminal records on job applications or in interviews prevent them from being seen as they are today. As a result, formerly incarcerated people are unemployed at a rate of over 27% on a national level — higher than the unemployment rate during the Great Depression.
Given the stark racial disparities in the criminal justice system, excluding people from employment based on criminal records is an issue of racial equity. In Alachua County, Black people are incarcerated at a rate nine times greater than white people. There are also racial disparities in how employers consider criminal records. One study found that the negative impact of a criminal record on getting a job interview is 40% greater for Black people than for white people with similar histories.
These overbroad hiring restrictions also hurt businesses. Criminal records are not good proxies for employability. In fact, companies that are open to hiring people with records can improve their bottom line by tapping into a large pool of talented workers. Research has also shown that turnover among people with records is lower and they are more motivated to perform.
People with employment are far less likely to reoffend. In fact, joblessness is the single most important predictor of recidivism. On a local level, that means that increased employment results in increased public safety and more taxes coming in. On a larger scale, this means huge savings for taxpayers by keeping more people out of the criminal justice system. One study estimated that increasing employment for people released from Florida state prisons by 50% would save $86 million annually in incarceration costs.
Insight on fair chance hiring
Tequila McKnight, Fellow 2020 - 2021
Fair Chance Policy FAQs
How would a fair chance policy help?
A fair chance policy helps ensure that each applicant is considered on an individual basis, not just their record, which increases their chances of being hired.
Is there already a fair chance policy in effect here?
No. The City of Gainesville enacted a fair chance policy in 2015, but it only covers hiring for the city itself. There is no local ordinance that covers private employers.
Is this type of policy preempted by the state?
No. There was a bill in the 2020 legislative session that would have preempted local rules on pre-employment screenings, but it died in committee.
Does a fair chance policy mean that employers must hire someone with a record?
No. An employer is not required to hire an applicant with a record under a fair chance policy. The employer retains full discretion to hire the most qualified candidate.
Who has adopted fair chance policies?
36 states and over 150 cities and counties have adopted some form of fair chance policy related to public-sector employment. Of these, 14 states and 35 local jurisdictions apply their policies to private employers or government contractors.
Where can I learn more about fair chance research and policy?
National Employment Law Project - Research Supports Fair-Chance Policies
American Civil Liberties Union - Back to Business
Florida Tax Watch - Locked Up, Then Locked Out
Equal Employment Opportunity Commission - Enforcement Guidance