Second Chance Hiring

Second chance hiring (also called fair chance hiring) is the practice of intentionally recruiting, considering, and hiring individuals with criminal records : rather than automatically disqualifying them. It provides employment opportunities to people who have completed their legal obligations and want to rebuild their lives, while giving employers access to a motivated, often underutilized talent pool of approximately 70+ million Americans with criminal records.

Documented benefits: high retention rates (studies show second chance employees have lower voluntary turnover than the general workforce : they are motivated to maintain their employment), strong loyalty and work ethic, access to a large talent pool (1 in 3 working-age Americans has a record), eligibility for Work Opportunity Tax Credit (WOTC : up to $2,400-$9,600 per qualifying hire), availability for difficult-to-fill hourly and production roles, and positive community relations and ESG outcomes.

Ban the Box refers to laws that remove the criminal history checkbox from initial job applications : requiring employers to defer background checks until later in the hiring process (typically after a conditional offer). Over 35 states and 150+ cities have enacted Ban the Box legislation. The goal is to ensure candidates are evaluated on their qualifications first before criminal history is considered. Federal contractors follow the OFCCP’s fair chance hiring framework.

The EEOC’s 2012 guidance requires employers who use criminal history in hiring to conduct an individualized assessment before excluding a candidate. The assessment must consider: the nature and gravity of the offense, the time elapsed since the offense or completion of sentence, and the nature of the job (how directly does the offense relate to the job’s duties and risk?). Blanket policies that automatically exclude anyone with a criminal record may constitute disparate impact discrimination.

Suitable contexts: manufacturing and production (many roles don’t require criminal background checks for job-relevant reasons), food service and hospitality, logistics and warehousing, construction (specific trades with licensing boards have restrictions), cleaning and facilities management, retail (with careful role-based assessment), and IT (tech skills transfer regardless of background). Roles with access to vulnerable populations (children, elderly), financial assets, or sensitive data require more careful individualized assessment.

Program design: create a clear policy defining when and how criminal history is considered (only after conditional offer, only for job-related offenses, using individualized assessment), train recruiters and hiring managers on fair chance principles and legal requirements, partner with reentry organizations and workforce development programs as talent sources, provide onboarding support specific to reentry employees (understanding workplace norms, building professional references), measure retention and performance outcomes to demonstrate program ROI, and build relationships with parole and probation systems for ongoing talent pipeline access.