Fair Chance Employment: Unlocking The Potential of a Just and Inclusive Workforce September 9, 2024 Fair chance employment is revolutionizing how companies build their workforces by hiring the best person while thoughtfully and intentionally providing opportunities to justice-impacted talent. By focusing on potential rather than past mistakes, this movement enhances workforce diversity and productivity, while driving positive societal change. What is Fair Chance Employment, and Why is It Important? If you are reading this, you likely believe that incarcerated individuals should have opportunities to rebuild their lives when they reenter society. You understand the power of redemption, rehabilitation, and the importance of reintegration. Imagine this scenario: You’re reviewing job applications for an opening in your office. One candidate stands out with impressive skills but has a significant gap in employment history. Early in the interview process, you learn that the applicant has a criminal record. Do your convictions hold steady, or do doubts creep in? Questions may flood your mind: What did they do? What if they reoffend? How will clients react? What about workplace safety? Despite your commitment to equal opportunity, you might lean towards the “safer” choice, passing over the candidate with a criminal record. This scenario above plays out in hiring decisions across the country every day. Cultural biases and misconceptions about formerly incarcerated individuals often lead to decisions that seem less risky on the surface. However, these decisions can harm organizations and society in ways that aren’t immediately visible. The global Fair Chance movement challenges these outdated notions. It recognizes that a criminal record does not define a person’s potential or value as an employee. Many companies are discovering that hiring justice involved individuals can be highly beneficial, bringing increased retention, diverse perspectives, and a strong drive to succeed. The Origins Of Fair Chance Employment FCE is a comprehensive and intentional approach to integrating justice-impacted talent throughout the employment life cycle—from attracting and recruiting to onboarding, retention, and development. It involves a lot more than delaying background checks until a conditional job offer has taken place; rather it entails embracing a philosophy that recognizes the value and potential of individuals with criminal records. FCE ensures that candidates are evaluated on their qualifications and potential, fostering a more inclusive workforce where talent is recognized and nurtured, regardless of past mistakes. The concept originated in Hawaii in 1998 with the passage of the first “ban the box” law, which prohibited employers from asking about criminal records on job applications by removing the criminal history checkbox on job applications (We’ll be exploring the impact and nuances of “Ban the Box” policies in greater detail in an upcoming article). A significant milestone was reached in 2019 with the signing of the federal Fair Chance to Compete for Jobs Act, which prohibits federal agencies and contractors from inquiring about an applicant’s criminal history until after a conditional job offer has been made. Today, 37 states and over 150 cities and counties have adopted some form of “Ban The Box” policies. The need for FCE is underscored by stark statistics: In 2008, the unemployment rate for formerly incarcerated people was a staggering 27.3%—significantly higher than the 5.8% rate in the general public at that time. This rate exceeded even the highest level of unemployment ever recorded in the U.S. during the Great Depression (24.9%). These figures highlight the barriers that formerly incarcerated individuals face in the job market and the critical role that fair chance hiring policies play in addressing these disparities. Source: Prison Policy Initiative The Results Of Fair Chance Employment The impact of FCE has been significant, though it’s important to note that recent, comprehensive data on the long-term effects of post-incarceration employment is limited. Earlier studies, like the 2008 Urban Institute Report, found that individuals who secured employment within the first year after release were 20% less likely to reoffend than those who remained unemployed. To address the data gap, The Last Mile (TLM) is pioneering efforts to apply rigorous scientific methods, including Randomized Controlled Trials (RCTs), to more deeply investigate the outcomes of post-incarceration employment, with particular focus on individuals who have participated in prison programs like those we provide (Learn more here). Preliminary observations suggest that companies embracing FCE gain access to a wider talent pool and foster a more inclusive and committed workforce. Justice-impacted talent often exhibit high levels of motivation and resiliency, driven by the opportunity to rebuild their lives and contribute meaningfully to their communities. Pamela Frazier, People Operations Generalist at The Last Mile, observes: “Our employee demographics show that over half of our staff are justice-impacted individuals. These employees often demonstrate exceptional commitment and engagement because they truly value the opportunity they’ve been given to improve their quality of life and make positive contributions to society.” Beyond individual performance, FCE positively impacts company culture and retention. A study by BCG highlights that justice-impacted talent perform better than or as well as their peers without justice involvement. Companies like Nehemiah Manufacturing have experienced reduced turnover rates by supporting new talent with records. This approach improves retention and builds a culture of empathy and inclusivity, where all employees feel valued and supported. Source: The Empower Group Walking the Walk at The Last Mile The Last Mile has been at the forefront of fair chance employment, in its hiring practices and preparing incarcerated individuals for careers in business and technology. “We don’t just talk the talk; we walk the walk. Our hiring process, which prioritizes skills and potential over past mistakes, has consistently led to a diverse, talented, and highly motivated workforce. This is a testament to the effectiveness of our approach,” says Aisha Leach, Chief People Officer at The Last Mile. The organization’s success stories are numerous. One standout example is Jacob Robinson, a former TLM employee who recently transitioned to a software engineering role at Asana, a fair chance employer. “Jacob’s story exemplifies the power of fair chance employment,” Frazier notes. “He went from participating in our program while incarcerated to working for us. Now he’s thriving as an engineer at a major tech company. It’s a testament to what’s possible when someone who is deserving and hard-working is offered a genuine chance.” The ripple effects of FCE extend far beyond individual success stories. It’s a crucial component in reforming our criminal justice system and reducing recidivism rates. By providing viable employment options, FCE gives incarcerated individuals a tangible goal to work towards, incentivizing rehabilitation and personal growth. Post incarceration, FCE helps with reuniting families, strengthening communities, providing role models, which ultimately reduces recidivism as a whole. Source: The Last Mile Even in the face of producing clear social and financial benefits, the progress of FCE faces challenges as many companies fail to adopt these practices. One contributing factor is the decline of Diversity, Equity, and Inclusion (DE&I) initiatives within organizations, which has inadvertently reduced opportunities for justice-impacted individuals. Stay tuned for a future article where we’ll explore this trend, and what FCE in the future may look like. How Fair Chance Employment Impacts Society Currently, the U.S. faces an average recidivism rate of nearly 60% within the first three years after release. According to the Bureau of Justice Statistics, about 66% of incarcerated individuals released across 24 states in 2008 were arrested within 3 years, and 82% were arrested within 10 years. However, the potential of FCE Programs to reduce these staggering rates is encouraging. These programs are beginning to turn the tide by transforming a system focused on punishment into one that prioritizes genuine rehabilitation and successful reintegration. Leach emphasizes this point: “When people in prison know there’s a real chance for them to succeed when they’re released, it changes everything. It gives them hope, a reason to engage in educational programs, and the motivation to turn their lives around.” From our imagined scenario, we know that whenever an employer automatically passes on the application of a previously incarcerated person, they overlook talented individuals who could bring unique perspectives and strong work ethics to our teams. This perpetuates a cycle of unemployment and recidivism that ultimately makes our communities less safe. Beyond that, mass incarceration weakens entire communities, not just by reducing the tax base, but by fracturing families and eroding local support systems. When a formerly incarcerated person gets a job, it has a ripple effect: it strengthens the individual, stabilizes their family, uplifts their community, and positively influences the colleagues and families they interact with at work. This cycle of opportunity and growth fosters hope, healing, and long-term prosperity for everyone involved. As we consider the future of our criminal justice system and workforce, FCE emerges as a pivotal solution. It challenges preconceptions, opens doors for talented individuals, and contributes to safer, more prosperous communities. The next time you’re faced with a hiring decision, remember: fair chance employment isn’t just about giving someone a job – it’s about fostering a more just, productive, and inclusive society for all of us. By Robert Roche, Content Marketing Director at The Last Mile, in collaboration with Aisha Leach, Chief People Officer at The Last Mile, and Pamela Frazier, People Operations Generalist at The Last Mile. Want articles like this one in your inbox? Subscribe to The Last Mile Marker, a newsletter offering in-depth insights, critical updates, and inspiring stories on criminal justice reform and second chances.