Recruiting and Hiring: DOL Program for Ex-Offenders Raises Questions

Recruiting and Hiring: DOL Program for Ex-Offenders Raises Questions

US Department of Labor awards more than $26 million in grants to help juvenile offenders prepare to enter the workforce (DOL Press Release)

DOL

In June of this year, the DOL awarded $26 million in grants to 28 organizations to help rehabilitate youth offenders to improve their long-term job prospects. These Face Forward grants will include the expungement of the juvenile’s conviction records, if those youth finish the program. The programs include two years of services that may include literacy training, counseling, GED courses, industry-specific training, and more. A list of the grantees, their locations and award amounts can be found here.

What Does This Expungement Mean for Future Employers? The Gray Area

Expungement removes all information from the justice system about an individual’s criminal history. The EEOC published its Enforcement Guidance in April of 2012, related to employment discrimination and an individual’s criminal history when making employment decisions. Employers may exclude an applicant because of a criminal conviction only for “targeted exclusions”. An example of a targeted exclusion would be preventing a convicted bank robber from seeking employment in a bank or financial institution.

Note – Some cities and states have laws forbidding employers from asking about expunged records. No matter where a candidate lives, he/she may legally answer no if the conviction has been expunged.

Who is Included in the DOL Ex-Offender Program?

“Eligible juvenile offenders must be between ages 16 and 24, currently reside in the geographic area to be served; have never been involved with the adult federal, state or local criminal justice systems; have never been convicted of a sex-related offense other than prostitution; and be currently involved or have been involved in the juvenile justice system, or be candidates for diversion under state guidelines for juvenile diversion programs.”

Source DOL.gov

Does your place of employment subject applicants to criminal background checks? According to the EEOC, 92% of employers do. Which methods are you using?

Solution: Outsourced Recruiting/RPO

Don’t rely on a search engine for your background check efforts. Allow a responsible and well trained third-party Recruitment Process Outsourcing (RPO) organization do the work.

If you are unsure of the laws in your city or state with regard to asking about expunged records, asking about criminal history, or any other pre-employment screening process; contact the Outsourced Recruiting experts at FosterThomas. Let us use our extensive resources to provide peace of mind.

Outsourced Recruiting

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About the Author

FosterThomas is a leading professional services company that provides solutions in the areas of Human Resources Consulting and Outsourcing, HR Staffing, Outsourced Recruiting, Employee Benefits Brokerage, Payroll Implementation and Services, HR for Government Contractors, Business Insurance, HR Compliance and Risk Management. We help organizations by providing solutions designed with a focus on cost containment strategies and increasing HR efficiency. FosterThomas HR Consulting was established in 1993 with offices in Annapolis, Maryland (Corporate), McLean, Virginia and Raleigh, North Carolina. Today, FosterThomas occupies a unique position as a full service provider of HR services.

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