Employers are often reluctant to hire ex convicts, even when they are the most qualified applicants for a given position. A new study out of the University of Massachusetts at Amherst reveals that bosses may be missing out on high quality employees when screening for a criminal record.

The study shows that, where the criminal conviction was unrelated to the workplace, applicants with criminal records were no more likely to be fired for cause than those without.

Top reasons workers get fired include:

• Complaining about a boss on social media
• Being drunk or high during work hours
• Sexual harassment of co-workers
• Violating office social media policy
• Stealing or embezzling from the workplace
• Sleeping on the job

In fact, workers with a criminal past were promoted at a slightly higher rate than those without, most likely due to the ex convicts’ motivation for second chance success.

This comprehensive study finds that a steady job is one of the basic indicators of success among ex-offenders. In the fight against recidivism, employers can have a solid impact on strengthening the weaker elements of society — by looking beyond criminal record.

Legislation is emerging in some states to support ex offenders in the workplace. Such laws prohibit prospective employers from asking about a criminal record prior to offering a conditional position. Also known as “Ban the Box”, the policy has already been adopted by large employers such as Wal-Mart and Target. The policy forces employers to focus on each applicant’s skillsets, rather than their past.  New Jersey adopted “Ban the Box” in 2015.

According to federal and New Jersey law, certain types of discrimination in the workplace are illegal. The list of illegal discriminatory practices, however, does not include criminal history. New Jersey has added criminal record screening as a factor that employers may not consider in the first round of interviews, except for positions in law enforcement and other highly regulated areas of employment.

If you are facing legal conflict in the workplace, hire an experienced employment law attorney for workers, someone who is knowledgeable, compassionate, and a tough negotiator/litigator. At Hanan M. Isaacs, P.C. we care about your legal matters and you. Call 609-683-7400 or contact us to set up a reduced fee initial consultation at our Central New Jersey offices.  Call today.  You will be glad you did.