A variety of workforce development approaches are already helping people with criminal histories become gainfully employed. Those that are most successful improve the employment and earning potential of their clients while increasing public safety and changing employment practices. They accomplish this by striking a balance between serving the needs of employers and serving the needs of their participants. One critical component of an effective model is quality retention services that benefit employers, participants, their families, and the communities in which they live.

Below is a summary of the practices we have found to be most effective for serving employers and participants with criminal records. We have also included descriptions of relevant report and programs that are successfully working to employ people with criminal records.

· Know the Labor Market and Legal Context

1. Become familiar with state laws that affect the employment of people with criminal records. This includes knowing which jobs have legal bars to people with certain kinds of criminal convictions (i.e. violent or drug-related) and what can be done to lift those bars.

2. Ensure that people with criminal histories and the workforce development specialists know individuals’ legal rights and obligations. Make sure they are familiar with the kinds of questions employers may ask on job applications and in interviews as well as how to respond appropriately.

a. Some states have laws that limit how and under what circumstances an employer may consider an applicant’s criminal record. Some states have also tried to mitigate the stigma associated with criminal histories by allowing people with criminal records to seal or expunge their criminal records or to seek certificates of rehabilitation, if available. (See After Prison: Roadblocks to Reentry - A Report on State Legal Barriers Facing People with Criminal Records on the Legal Action Center web site.)

b. Under the Equal Employment Opportunity Commission’s (EEOC) Title VII guidelines, an employer may only exclude an applicant because of a criminal conviction if there is a business necessity. To establish business necessity, the employer must show that three factors were taken into consideration in the hiring decision: the nature and gravity of the offense(s); the time that has elapsed since the conviction and/or completion of the sentence; and the nature of the job held or sought. For example, business necessity exists where the applicant has a fairly recent conviction for a serious offense that is job-related.

c. Applicants must answer application questions completely, directly, and honestly. Omitting criminal record information can be construed as lying. Counsel applicants to read all questions carefully and always answer truthfully.

3. Recognize and respond to the legitimate concerns of employers. Many employers fear they will be liable if they hire a person with a conviction record who later commits a new crime [see Negligent Hiring]. Performing quality screening and referring appropriate job applicants can significantly reduce employers’ risk of liability. Inform employers about the Federal Bonding Program and how it can help protect them from employee theft.

4. Identify both employers who will hire individuals with criminal records and those who are barred by law from hiring employees with criminal backgrounds. That results in appropriate job referrals. Keep in mind that some employers prefer to simply be known as a fair employer as opposed to being an employer who hires individuals with criminal records.

5. Use job placement staff that knows the culture of local employers (e.g. have worked in target professions or know employers and/or hiring staff).

6. Emphasize the financial incentives employers can accrue when they hire qualified applicants with criminal histories. Assist employers in securing federal bonds (see Federal Bonding), Work Opportunity Tax Credits (WOTC), and on-the-job training through Workforce Investment Act (WIA) assistance.

· Offer Pre-Employment and In-Training Services to Prepare Clients for Work

1. Help applicants review and “clean up” their rap sheets and credit reports. An increasing number of employers rely on background checks to probe an applicant’s criminal history. Some employers may obtain criminal record information directly from the state’s criminal repository of criminal records or through a consumer reporting agency or private background check company. Inaccurate or very old information as well as information on arrests that did not lead to conviction may give an unnecessarily negative profile of the job applicant. (See Resources, Information, and Assistance for each state’s criminal record repository. These agencies can tell you how to get a copy of a rap sheet and the process for clearing up any mistakes that may be on it). Being familiar with a client’s complete criminal history also facilitates appropriate job referrals.

2. Help participants develop realistic short- and long-term career goals. For example, a short-term goal might be focused initially on job retention in a good job in a client’s field of choice, particularly for clients with episodic work histories. A long-term goal would be more focused on education, training, or a certificate needed for advancement in the client’s field of choice.

3. Help participants get necessary documentation such as various forms of identification (i.e., state issued picture identification, social security card, and birth certificate) they will need to apply for jobs.

4. Ensure clients get “soft skill” training, including reviewing the importance of punctuality and attendance, appropriate attire, the ability to accept criticism, working collaboratively, and work ethic.

5. Provide immediate income while preparing and training clients for employment through stipends or paychecks that may cover transportation costs (at a minimum). Payment is also an incentive for participants to attend the program.

· Provide Post-Employment Services to Promote Job Retention

1. Provide or link clients to the support services they need to help them retain employment, including addressing child support issues, alcohol and substance abuse problems, housing, child care, and transportation, which can all compromise employment success.

2. Provide post-placement or follow-up services that include crisis intervention, continued support and career advancement guidance.

3. Form collaborations with other entities that will enhance and support successful workforce development.

Relevant Reports

Below is a listing of several reports describing various approaches and strategies that have proven successful in providing workforce development services. While they are not all specifically focused on serving people with criminal records, they nevertheless offer useful strategies and innovative approaches.
“From Hard Time to Full Time: Strategies to Help Move Ex-Offenders from Welfare to Work” is a monograph prepared under the direction of the Division of Welfare-to-Work of the U.S. Department of Labor's Employment and Training Administration (DOL/ETA) by the Legal Action Center (June 2001). This guidebook identifies strategies to meet the demands of employers who need dependable labor and to prepare individuals to be qualified job candidates.
To obtain a copy of this monograph at www.hirenetwork.org or http://wtw.doleta.gov/documents/hard.html.

“Getting to Work: How TANF Can Support Ex-Offender Parents In the Transition to Self-Sufficiency,” by Gwen Rubinstein of the Legal Action Center (April 2001), discusses issues at the intersection of criminal justice and welfare policy; identifies barriers to employment of qualified individuals with criminal records; examines the effectiveness of individuals with criminal records employment programs within the context of federal and state welfare programs; and offers policy recommendations for improving the employment success of parents with criminal records who have TANF children.

This report recognizes policies that promote the employment of people with criminal records and identifies the three principal areas that requires attention and resources:

1. Benefit eligibility
2. Pre-employment services
3. Job placement and retention services

To obtain a copy of this report, visit the publications section of www.hirenetwork.org.

“Getting Back to Work: Employment Programs for Ex-Offenders,” by Maria L. Buck, offers an historical overview, descriptions of federal and state initiatives and community-based organizations that serve people with criminal records, and recommendations to strengthen the field of employment programs for people with criminal records (Fall 2000). A copy of the report can be downloaded from the Public/Private Ventures’ website, www.ppv.org.

“Providing the Missing Link: A Model for a Neighborhood-Focused Employment Program,” by Wendy Fleischer and Julie Dressner, identifies six core components of a Model Neighborhood-Focused Employment Program (June 2002). Through these core components, clients have access to assessment, job readiness, job search, job development, wrap-around support services, income enhancement, retention, support and career development. A copy of the report is available at www.aecf.org/publications/.

A Model Neighborhood-Focused Employment Program

1.) Outreach/recruitment
2.) Individualized career planning via career advisors
3.) Income enhancement via financial advisors
4.) Job readiness and retention support groups
5.) Employment center with resource room
6.) Access to quality training programs and other employment resources via neighborhood-level broker

“Building a Career Pathways System: Promising Practices in Community College-Centered Workforce Development,” by the Workforce Strategy Center, identifies a career pathways model that builds a bridge for disadvantaged adults to economic self-sufficiency. It describes ways to move participants from poverty and poor education to a promising career by traveling a seamless system that includes skills training, work experience and upgrade training. While community colleges are the center of the career pathways model, other entities play a crucial role in a successful partnership. A copy of the report is available at www.workforcestrategy.org.

Career Pathways Model

1.) Community-based organization and social service agencies recruits and provide social support services to the participants.
2.) Workforce agencies direct resources toward community colleges to provide financial and operational support.
3.) Adult basic education providers offer preparatory services and provide a bridge to community college programs.
4.) Local employers identify needed worker skills and provide internships and worksites to deliver upgrade training to workers at all skill levels.

“The Best of Both: Community Colleges and Community-Based Organizations Partner to Better Serve Low-Income Workers and Employers” was written by Brandon Roberts of Public/Private Ventures (January 2002). This report highlights several successful partnerships established between community colleges and community nonprofits to prepare organization participants to get and keep jobs in occupations that pay a livable wage and offer opportunities for advancement. A core set of activities that constitute an effective skills training program for low-income workers. Individual responsibilities among each partner are usually determined by which partner is best suited to deliver the specific activity. A copy of the report is available at www.ppv.org.

1.) Recruitment and participant selection (Community Nonprofits)
2.) Pre-training preparation (Community Nonprofits and Community Colleges)
3.) Skills training (Community Colleges)
4.) In-program support (Community Nonprofits)
5.) Placement (Community Nonprofits and Community Colleges)
6.) Post-placement retention and skills upgrading (Community Nonprofits and Community Colleges)

Model Programs

Workforce development programs have devised a number of innovative strategies to address the employment needs of people with criminal records. Some of these programs work exclusively with participants with criminal records while others serve a variety of clients. (This list is by no means definitive; certainly there are many other programs of equal merit.)

The Center for Employment Opportunities (CEO) in New York City was created in 1978 by the Vera Institute of Justice because many newly released offenders were being re-arrested and it appeared that those who were employed were less likely to be re-arrested. CEO provides transitional employment services to former offenders immediately after release, a critical and the most vulnerable stage of the reintegration process. CEO provides assistance to its participants as well as collaborating employers. The program works with the New York State Division of Parole, New York State Department of Corrections, and the City Department of Probation for adult and youth. CEO helps about 70 percent of its participants find full-time employment within two to three months, with most jobs paying more than minimum wage and providing fringe benefits.

The CEO Model: Seven Steps to Success

1.) Job readiness training (Monday to Thursday)
2.) First meeting with job counselor (Friday)
3.) Paid transitional employment (4 days/week)
4.) Job development (1 day/week)
5.) Job placement (2-3 months average)
6.) Post placement services (next 12 months)
7.) Support services for employees and employers

Mindy Tarlow, Executive Director
Center for Employment Opportunities
32 Broadway
New York, NY 10006
Phone: 212-422-4430
Fax: 212-422-4855
Web Site: www.ceoworks.org

The Safer Foundation in Chicago is the largest community-based provider of employment services for former offenders in the United States. Safer helps individuals with virtually every aspect of the community reentry process, pre- and post-release. Safer provides a range of direct services through education, employment and support services that are delivered as community-based aftercare or to residents of its secured residential facilities.

Safer has helped more than 40,000 participants find employment since its inception in 1972. Safer’s collaborations with the Illinois Department of Corrections, employers, and other community-based organizations demonstrate that public-private partnerships can work. Safer provides services from nine locations in Illinois and Iowa with a staff of 250.

The Safer Foundation administers two minimum-security male residential transition centers totaling over 500 beds, on behalf of the Illinois Department of Corrections (IDOC). One is the 350-bed Crossroads Adult Transition Center (ATC) and the other is the 200- bed North Lawndale ATC, both located in the Lawndale community. During their stay at a Safer ATC, clients remain Illinois inmates but are required to participate for a minimum of 35 hours per week in outside employment, education, life skills, and/or community service, while also assuming responsibility for daily in-house assignments.

Safer Foundation Model

1.) Outreach, intake, and assessment
2.) Pre-employment training and basic education
(Youth Empowerment Program)
3.) Health education
4.) Job training, placement, and follow-up
5.) Support services

B. Diane Williams, President/CEO
Safer Foundation
571 West Jackson
Chicago, IL 60661
Phone: 312-922-2200
Fax: 312-922-0839
Web Site: www.safer-fnd.org

The Osborne Association in New York City was founded in 1931. The Osborne Association operates a broad range of treatment, educational, and vocational services for people involved in the adult criminal and juvenile justice systems, including prisoners and former prisoners. It serves more than 6,500 people annually in community sites and courts in New York City as well as in city jails and state prisons.

In 2001, The Osborne Association merged with The South Forty Corporation, the oldest employment organization in New York State exclusively for individuals involved in the criminal justice system. The South Forty Employment and Training Services offers comprehensive vocational services to people with criminal records. South Forty provides assessment, testing, career and educational counseling, job-readiness workshops, job training and post-employment support in adjusting to the demands of the workplace and staying employed. Clients are encouraged to return for referrals for additional services or better jobs after working successfully at their first placement.

South Forty's nationally recognized job placement program secures employment for approximately 300 men and women annually. The employers who utilize South Forty's cost-free services benefit, too. In many cases they are eligible for tax credits and wage subsidy incentives when they hire South Forty job candidates. In addition, South Forty assists employers by pre-screening candidates--which lowers turnover costs--and by immediately replacing any employee who for some reason doesn't work out with another well-qualified South Forty client.

Elizabeth Gaynes, Executive Director
The Osborn Association
36-31 38th Street
Long Island City, NY 11101
Phone: 718-707-2600
Fax: 718-303-3103
Web Site: www.osborneny.org

San Francisco Works (SFWorks) was founded in 1997 by the San Francisco Chamber of Commerce to coordinate industry-specific training for low-income, un- and underemployed individuals. SFWorks was created to serve San Francisco’s welfare/TANF population but expanded its services to include assisting General Assistance recipients, the working poor, people with criminal records and dislocated workers. By ensuring the relevance and quality of training to employers, SFWorks opens doors previously closed to nontraditional workers. Simultaneously, by engaging employers at the front-end of program development, SFWorks is able to assure low-income clients that they are being prepared for success on the job. SFWorks acts as the intermediary among three important workforce partners: the Northern California Service League, employers, and the City College of San Francisco.

SFWorks Workforce Partnership Model

1.) Service Provider (Northern California Service League)
+ Recruitment and Assessment
+ Life Skills Training
+ Case Management and Retention Services

2.) Employer
+ Provides program design needed to meet employment qualifications
+ Buy-in and agreement to interview program trainees/graduates

3.) Training Provider (City College of San Francisco)
+ Technical Training
+ College Credit

4.) Intermediary (SFWorks)
+ Fundraising from private and public sources to support pre-employment training to be offered to employers for no cost
+ Employer engagement and outreach
+ Partner Coordination (single point of contact for all partners)

Theresa (Terri) Feeley, Executive Director
San Francisco Works
235 Montgomery Street, 12th floor
San Francisco, CA 94104-3103
Phone: 415-217-5193
Fax: 415-576-9256
Web Site: www.sfworks.org

Pioneer Human Services (PHS) is an entrepreneurial non-profit organization that improves the lives of its clients through employment and training, social services, and housing. Since 1962, PHS has offered a “Chance for Change” to high-risk populations, particularly adults and juveniles who are former offenders and substance abusers. PHS serves more than 6,000 clients a year and 1,900 individuals at any given time in its employment, training, counseling, community corrections, and housing programs and facilities. PHS’ philosophy is to serve its clients and the community through social enterprise.

The PHS employment and training model consists of several manufacturing industries and distribution services. PHS also operates a retail food business and construction service.

+ Pioneer Industries manufactures and finishes light metal parts for aircraft, telecommunication, medical and power management systems.
+ Pioneer Distribution Services has three business units that operate under this division to provide assembly, repackaging and transportation services.
+ PHS prepares and delivers more than 750,000 meals annually to Pioneer programs and third party customers.
+ Pioneer Construction Services employs more than 60 people in remodeling and construction projects, including roofing and siding.

Pioneer Human Services
7440 West Marginal Way S.
Seattle, WA 98108
Phone: 206-768-1990
Fax: 206-768-8910
Web Site: www.pioneerhumanserv.com

The Delancey Street Foundation was founded in 1971 by Dr. Mimi Silbert and the late John Maher. Delancey Street is described as a leading self-help residential education center for former offenders and former substance abusers in the country. During a two- to four-year stay at Delancey Street, residents learn social survival skills, and equally important, academic and vocational skills. Delancey Street supports itself primarily through a number of training schools, which provide vocational skills to all the residents while generating income through revenues earned from business services. Training opportunities include a moving and trucking school, restaurant and catering services, print and copy shop, retail and wholesale sales, paratransit services, advertising specialties sales, Christmas tree sales and decorating, and an automotive service center, among others. More than 14,000 clients have graduated from the program. Delancey Street operates facilities in New Mexico, New York, North Carolina, Los Angeles and is headquartered in San Francisco.

Dr. Mimi Silbert, President
Delancey Street Foundation
600 Embarcadero
San Francisco, CA 94107
Phone: 415-957-9800
Fax: 415-512-5186
Web Site: www.delanceystfndtn.citysearch.com

Rubicon Enterprises, Inc. is a support corporation of Rubicon Programs, Inc., which provides vocational rehabilitation and training, as well as transitional employment through its industries. Since 1973, Rubicon has built and operated affordable housing and provided employment, job training, mental health, and other supportive services to people who have disabilities, are homeless, or are otherwise economically disadvantaged. Rubicon works with more than 3,500 participants each year in one or more of its many programs. Innovative and comprehensive, these programs are designed to meet the diverse needs of the participants, whether they be economic, health-related, or both. Rubicon does not specifically target people with criminal records, however many fall into one of the categories it serves. The program offers a myriad of services ranging from basic pre-employment skills, job search assistance, life skills, on-the-job paid training and job retention support services.

Makini Hassan, Director of Workforce Development
Rubicon Programs, Inc.
2500 Bissell Ave.
Richmond, CA 94804
Phone: 510-412-1725
Fax: 510-235-2025
Web Site: www.rubiconpgms.org

East County One Stop, Inc. (ECOS) is a community alliance of over 40 partner agencies convened to manager and support a “One Stop” workforce development system in East Multnomah County, Oregon. ECOS was initiated in May 1996 to create and maintain a collaborative workforce development system that utilized the expertise of ECOS partner agencies to:

1. Increase the skill and ability levels of the East Multnomah County workforce which enhances business operations for employers and
2. Reduce the number of East County families living in poverty through the development of individual skills and removal of barriers that prevent greater employment opportunities.

ECOS has paid special attention to enhancing services to underserved populations in its county, including individuals with criminal records, the disabled and individuals with language barriers. ECOS coordinates the efforts of its partner agencies to ensure the needs of the county residents are met. One key program partner is Steps-to-Success, which is a "One Stop" affiliate for East Multnomah County.

Steps-to-Success is designed to provide comprehensive educational, social, and employment services to enable job seekers to gain the skills and qualifications necessary to obtain permanent jobs or to move into a new career. The program is a collaborative partnership among Mt. Hood and Portland Community Colleges, Oregon Adult and Family Services (AFS), Oregon Employment Department, Work Systems, Inc., Human Solutions, numerous employers in the Portland Metro Workforce, and state and local community action organizations.

Steps-to-Success East
1415 SE 122nd Avenue
Portland, OR 97233
Phone: 503?256?0432
Fax: 503?256?5503
Web Site: www.steps-2-success.org

Project RIO is administered by the Texas Workforce Commission in collaboration with the Texas Department of Criminal Justice (TDCJ), the Windham School District and the Texas Youth Commission (TYC). The project provides a link between education, training and employment during incarceration with employment, training and education after release. Project RIO develops an individualized treatment plan to identify a career path for participating prisoners and to guide placement decisions.

Prior to an inmate’s release, the program conducts a comprehensive evaluation to assess the needs of the prisoner and assist in the selection and placement in Windham College, TDCJ and TYC programs. The multi-step evaluation process includes information gathering, goal-setting, program placement and self-assessment. Project RIO staff encourage participants to take advantage of educational and vocational services and assist offenders in obtaining documents necessary for employment. Unit or facility staff also provides placement services to give prisoners practical work experience in their areas of training.

After a prisoner’s release, Project RIO staff provides participants with individualized workforce development services including job preparation and job search assistance. RIO participants attend structured job search workshops that focus on basic skills such as completing a work application, preparing a resume and performing in a mock interview.

The most important aspect of Project RIO is securing employment as soon as possible after release. Project RIO staff ensure potential employers are aware of and take advantage of special incentives for hiring applicants with a criminal record, including certifying employees for the Work Opportunity Tax Credit program.

Texas Workforce Commission
Project RIO Staff
101 E. 15th St., Room 506T
Austin, TX 78778
Phone: 800- 453-8140
Web Site: www.tdcj.state.tx.us/ex-offender-employ.htm

Our Place, DC is a non-profit organization established in 1999 to serve women who are incarcerated or recently released from prison and jail and their families. With the primary goal of preventing re-incarceration, the organization works to assist women in remaining connected to their families while they are incarcerated, help them prepare for their release, and support them as they reenter and reconnect with their communities.

Our Place, DC provides in-prison and post-release services, including transportation services for family members to correctional facilities, support groups, pre-release classes, HIV/AIDS peer prevention and education, legal services clinics, and a program for children and their caregivers. Post-release services include a support center offering employment and housing resources, a safe and nurturing environment, and referrals to other support services necessary to obtain and retain employment.

Susan Galbraith, President
Our Place, DC
1236 Pennsylvania Avenue, SE
Washington, DC 20003
Phone: 202-548-2400
Fax: 202-548-2403
Web Site: www.ourplacedc.org