Employment is essential and a critical factor in the lives of individuals. It gives people an opportunity to earn a living and live quality lives. It would be unfair to deny individuals opportunities for employment based on past mistakes. This leads to a strong perception that a jail record should not be an employer’s first impression. The driving factor behind this is that making jail records a first impression will deny competent individuals dedicated to working to improve their lives an opportunity. The statistics indicate that one in three Americans has a criminal record. It implies that if all employees consider jail records as the first impression, several Americans will be jobless. This will lead to increasing criminal activities since many jobless Americans can be tempted into criminal activity to acquire resources to facilitate their living. This research paper focuses on highlighting and discussing several factors that endorse the perspective that a jail record should not be an employer’s first impression.
Jail records should not be an employer’s first impression since they deny employees with past mistakes who have reformed the opportunity to rebuild their lives and contribute to development. The starting point is appreciating and acknowledging that human beings are prone to mistakes and that no perfect person exists (Von Bergen and Martin 383). Some individuals in the employment sector have committed far worse crimes than those in the jail record. It is only that they got lucky and were not caught or documented as criminals. Also, there are individuals caught and arrested for committing crimes but bribed their way, thus clearing themselves from criminal records. Although this cannot be used as justification for allowing individuals with past criminal records into the employment sector, they form a strong case for building a strong argument. Human beings make mistakes; the important thing is their reaction. Several individuals learn from their mistakes and develop into better individuals. It implies that employers considering jail records as the first impression denies individuals who have learned from their mistakes, transformed, and are ready to contribute to the employment sector (Von Bergen and Martin 383). It instills employers to have extensive hiring mechanisms that evaluate potential employees comprehensively and from different angles rather than using jail records as the first impression.
The injustices, unfairness, and discrimination prevalent in the American criminal justice system lay the foundation for a strong argument against employers considering jail records as the first impression. Racial discrimination is prevalent in the American justice system. Even from the recent unfolding, it is evident that minorities, particularly black Americans, are mistreated in the criminal justice system. It leads to certain communities, groups, and ethnic groups being the soft targets for law enforcers. It means that employers considering jail records as the first impression can have the effect of denying employment opportunities to deserving individuals whom law enforcers wrongly target due to their color or racial background (Maurer). Companies need to be comprehensive in their hiring process to avoid denying deserving individuals employment opportunities on the grounds of previous mistakes or even mistakes that they did not commit in the first place but find themselves in jail by being the soft target for the police. It also disadvantages individuals from minority groups who are qualified for the available job opportunities. The driving factor is the ethnic profiling of the racial and ethnic minority that leads to them easily finding themselves behind bars. Considering ethnic and racial discrimination, employers need to avoid considering jail records as the first impression and ensure their hiring process integrates critical aspects that make it more objective.
Considering jail records as the first impression undercuts the capacity of organizations to acquire top talent in the labor industry. This is because it translates to an organization writing off potential employees at the initial stage of hiring on the basis of past mistakes or even mistakes that they did not perform, considering the discrimination and unfairness in the criminal justice system. The disadvantage of employers considering jail records as the first impression is that it leads to the aspect of overlooking the evaluation of the employee from an objective point of view (Flake 1083). This is because, at the back of the employer’s mind, the impression is that this is a past offender, and there is a high chance of this individual misbehaving as an employee. It leads to the profiling of the candidate as a previous offender with a high risk of engaging in criminal activity at the time; thus, the employer disqualifies the candidate without further interrogation to have a deeper understanding of this potential employee. It denies the organization an opportunity to acquire top-talent individuals who have learned their lessons from the past and are eager to positively impact an organization and society (Daly). When an employer considers jail records s the first impression, there is a possibility of the employer missing out on the best talent that could have taken the business to the next level.
Government policies that compel employers to consider jail records in their hiring process can compromise a business’s ability to acquire top talent best suited for elevating the business. It implies that the government needs to refrain from interfering with the hiring processes of companies to allow them to make the best choices in terms of acquiring the right candidates (Kreuze). For instance, the American government aligns with imposed collateral consequences associated with a criminal conviction in the US. It undercuts the ability of individuals to get meaningful jobs. It also makes it difficult for employers to acquire top talents with a jail record. The government needs to reconsider its stance on this to create an enabling atmosphere that allows employers to overlook jail records and evaluate potential employees from different angles, enhancing objectivity (Cepero 729). Through stern policies and initiatives from the government that undercut the ability of individuals with past mistakes to get meaningful jobs, competent and qualified individuals who have reassembled their lives are denied the opportunity to work hard and contribute to the community. It also deprives companies of the opportunity to acquire top employees to build a formidable workforce that takes the organization to where it desires to be.
On the contrary, hiring individuals with a criminal record can hurt the business or damage its reputation. Therefore, the nature of the business and the position the company is hiring should be a critical factor in determining whether the employer should consider a jail record as the first impression. If an organization is hiring in a sensitive position, such as the CEO, who will be the face of the organization, a jail record can be considered a first impression (Holden). The driving factor behind this is that such a sensitive position requires an individual with the moral authority to set the bar high and have the moral authority to instill an ethical culture within the organization. Also, since the individual will be the face of the organization, the candidate needs to have a clean record that will enhance the reputation of the company, attract investors, and sustain the trust of other critical stakeholders. It implies that the nature of the business and the position the company is hiring for can be justification for an employee considering a jail record as a first impression in a particular situation (Kucharczyk 2803). It leads to the perspective that a jail record should not be generally a first impression for employers. However, it can be considered as a first impression is some occasions where it is necessary and in the best interests of the business.
Employment is essential to individuals’ lives since it allows them to earn a living and live better lives. The government and employers need to ensure they do not deny people a chance to earn a living while contributing to the development of society. Employers and the government need to understand and acknowledge that human beings are prone to mistakes, and they learn and change for the better. Therefore, employers and the government should not deny people employment opportunities on the grounds of past mistakes. The government needs to reconsider policies on this aspect to ensure it creates an atmosphere that allows individuals with jail records to get meaningful jobs they qualify for. Also, employers should not consider jail records a first impression since they deny candidates employment opportunities and can amount to discrimination in the hiring process.
Works Cited
Cepero, Ingrid. “Banning the Box: Restricting the Use of Criminal Background Checks in Employment Decisions in Spite of Employers’ Prerogatives.” FIU L. Rev. 10 (2014): 729.
Daly, Mariah L. “Boxed into a Corner: The Fight to Ban Employers from Boxing out Deserving Job Applicants on the Basis of Criminal Record.” Drug Enforcement and Policy Center 20 (2020).
Holden, Mark. Employers Should Decide On Their Own To Ban The Box. The New York Times, (2016).
Flake, F. Dallan. Do Ban-The-Box Laws Really Work? IOWA Law Review, (2017), 104; 1079 – 1127.
Kreuze, Deborah. How ‘Ban The Box’ Policies Unintentionally Cause Discrimination Against These Workers. National Bureau of Economic Research, (2016).
Kucharczyk, Nina. “Thinking outside the Box: Reforming Employment Discrimination Doctrine to Combat the Negative Consequences of Ban-the-Box Legislation.” Fordham L. Rev. 85 (2016): 2803.
Maurer, Roy. Negligent Hiring Risk Less Than Employers Believe. SHRM, (2023).
Von Bergen, C. W., and Martin S. Bressler. “” Ban the Box” Gives Ex-Offenders a Fresh Start in Securing Employment.” Labor Law Journal 67.2 (2016): 383.
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