Hausknecht

Employers say that it's difficult to accurately assess the risk of hiring someone with a criminal record. For people looking to start a new life after incarceration, this is one of many barriers that makes it hard to find work.

What to do to increase hiring of qualified people who have criminal records was the focus of the Richard Netter Conference on Criminal Records and Employment, sponsored by the Cornell ILR School's Labor and Employment Law Program and the Cornell Law School. The conference, held Dec. 9 at ILR's New York City Conference Center, brought together lawyers, social scientists, representatives of background screening agencies, government officials and executives.

"This has personally affected my family, so I know the emotional struggles this creates," said presenter P. David Lopez, general counsel for the Equal Employment and Opportunity Commission. "We need to keep focused on the human face of this issue."

Barry Hartstein '73, an employment law attorney, said that employers have told him that it makes sense to consider applicants with criminal records, but there are legal and other implications. "There are so many factors to weigh in the balance," he said, such as Occupational Safety and Health Administration obligations and negligence issues. "The challenge is that employers are not just looking at this through an [equal employment opportunity] lens, but through many lenses."

Adam Klein '87, a partner in the law firm Outten & Golden LLP, said a major concern for employers is how to effectively analyze the risk associated with hiring someone who has a criminal record. "There are no systematic measures, in most cases, for employers to evaluate criminal records. Information can be so inaccurate, and the process can be subjective," he said.

Klein said what's been missing in the discussion is the role of industrial and organizational psychologists and the need for science-based selection tools for employers.

John Hausknecht, associate professor in ILR's Human Resource Studies Department and an industrial and organizational psychologist, said little research has been done on criminal records and employment, but there is growing academic interest in the topic.

"A key question is, do criminal records predict job performance? We can't show much evidence of this yet, and it can be very costly to try to assess someone's trustworthiness," Hausknecht said.

Several panelists stressed the disproportionate number of African-American and Hispanic men with criminal backgrounds who cannot find employment. Lopez said that when employers automatically exclude people with a criminal record, it raises the question of discrimination based on race, in violation of Title VII of the Civil Rights Act.

Attorney Cornell William Brooks said joblessness among black men stands at 40 percent, and one-third or more of those who have been incarcerated experience no earnings or income growth over a decade. "This is a civil rights challenge for them and an economic development challenge for us," said Brooks, president and CEO of the New Jersey Institute for Social Justice.

"It's unacceptable and a national tragedy," Klein added.

While there are many problems to overcome, Brooks said, "The theme of this conference is hope. I can't help but believe that academics, social scientists and others coming together can make a difference in addressing this issue."

Joe Zappala is the ILR School's assistant dean for communications and marketing.