EEOC Report Highlights Federal Workers with Criminal Records

The Equal Employment Opportunity Commission (“EEOC”) has recently released two federal workforce reports that address the barriers and benefits of hiring individuals with arrest or conviction records. The reports are part of the EEOC’s response to Executive Order 14035, which aims to promote equity, diversity, inclusion, and accessibility in the federal workforce. The reports provide data and analysis on the employment status, suitability determinations, and recidivism rates of federal workers with criminal records. The reports also offer recommendations and best practices for federal agencies to increase their hiring and retention of this population. In this blog post, we will summarize the main findings and implications of the EEOC reports and discuss how they can help employers and job seekers alike.

Second Chances Part I: Federal Employment for Workers With Past Arrests or Convictions

The first report examines the federal employment opportunities for workers with past arrests or convictions. It presents data on how likely these workers are to be hired by the federal government, and how ban-the-box laws affect their chances of getting a job. The report also identifies some of the challenges and gaps in the current research and policies on this topic. Key findings from the report include the following:

• Workers who had been incarcerated in the past were only half as likely to work in the federal sector as those who had no criminal records, according to data from 2003 to 2017.
• Asking about arrest and conviction records later in the hiring process may help prevent unlawful discrimination based on criminal history. Some states have ban-the-box laws that prohibit employers from conducting criminal background checks until after they make a conditional job offer. The report found that after these laws were implemented, more workers filed complaints with the EEOC, and the EEOC found more evidence of discrimination in those complaints.
• More data and research are needed to evaluate and improve the policies that support federal employment for workers with prior arrests or convictions. The report provides a guide for future research, which led to the second report.

Second Chances Part II: History of Criminal Conduct and Suitability for Federal Employment.

The second report analyzes the data on how often criminal conduct issues were detected and how they affected the suitability for federal employment. It also reviews the policies and practices of different federal agencies regarding criminal conduct suitability. Some of the key findings from the report are:

• In fiscal years 2018 to 2020, over one in five suitability investigations for federal civil service positions revealed criminal conduct issues.
• When criminal conduct was a factor for a civil service position, most of the suitability determinations were positive, allowing the candidate to work for the federal government. Only a small fraction of the determinations were negative, resulting in actions such as not hiring or removing the candidate.
• When criminal conduct was a factor for a civil service position, candidates and employees were more likely to withdraw their applications, resign, or be removed from their positions before a suitability decision was made, compared to all civil service cases.

The Growing Trends of Second Chance Policies for Workers with Criminal Records.

The federal government is leading the way in promoting equity and inclusion for workers with criminal records, as shown by Executive Order 14305 and the EEOC reports. Many states and localities are also adopting similar policies, such as ban-the-box, fair chance, and clean slate laws. These laws aim to reduce discrimination and increase opportunities for people with criminal histories.

States are constantly updating and revising their laws to reflect the changing needs and realities of their populations. For example, Connecticut enacted a clean slate law this year, and California amended its fair chance law twice since 2018. The latest amendment was in July 2023. Employers should be aware of these laws and how they may affect their hiring and screening processes.

Depending on where they operate and where their applicants come from, employers may have to comply with different state and federal laws regarding criminal records. Employers who want to learn more about these laws and how to follow them may want to consult their legal counsel. Verified Credentials is committed to keeping our clients and the background check community informed of these developments as they happen.