Search results

Employers using criminal background checks to make hiring determinations must carefully balance the need to protect themselves and their clients against legal mandates designed to protect the rights of individuals with criminal records. Yet, surprisingly little research examines this balancing act. The purpose of this paper is to examine how one large agency, the New York Department of Health (DOH), navigates a myriad of mandates to convey and create legitimacy in compliance with complex legal mandates and contrasting interests.

Prior research on civil right legislation suggests that while companies may create regulations that appear to comply with such mandates, their actual practice does not always comply with their own rules (Dobbin et al., 1988). Therefore, this study addresses two key questions: do the DOH policies appear to comply with the relevant New York State law and does the DOH effectively implement the policies in a way that upholds New York State law. Specifically, this study estimates probit models on a sample of over 7,000 potential employees with criminal records to determine compliance with the criteria established by law and policy.

Findings show that the variables indicated by law/regulations such as offense severity and time since conviction work in the intended direction. Using only these criteria the models are able to correctly predict clearance decisions approximately of the time and that extra-legal factors such as race and gender do not further influence final determinations.

These findings have practical implications for employers as they show that it is possible for employers to design formal rules that navigate this complex landscape while still opening up employment opportunities for individuals with criminal records.

This is important as many employers either utilize criminal background checks without regulation or are fearful of embarking on efforts to meet regulations such as those promulgated by the EEOC. This research is the first of its kind to actually document and explore the ability of a large employer to conduct socially responsible criminal history background checks.

The purpose of this paper is to examine the research within the area of employment for ex-prisoners who have a Serious Mental Illness (SMI).

A review of the literature examining the employment of ex-offenders who have a SMI whilst also presenting a possible novel solution.

The research highlights a distinct lack of employment opportunities and numerous barriers for offenders with research often failing to distinguish between those who have mental health difficulties. However, early findings suggest that Individual Placement and Support (IPS) approaches can generate competitive employment for this population.

Offenders with a SMI are often routinely excluded from vocational services due to their mental health. This review has indicated that the way in which such offenders are treated in prison and reintegrated into the community needs to be addressed.

By tackling this issue not only could the mental health and quality of life of ex-offenders be improved through sustained employment, but the marked economic costs to society that unemployment and recidivism encompasses could also be alleviated.

This review not only suggests a possible solution to the problems faced by offenders with mental health difficulties in gaining employment, but also presents a novel approach to future research that extends to outlining causal explanations for what works for whom.

Economic crime is too varied an activity to be explained by a single theory. Valuable insights are gained from theories that focus on individual characteristics and on the socio‐economic context of crime, but these theories are not sufficient explanations of economically motivated crime. They are usefully supplemented by legal responsiveness theory, which focuses on the capacity of the economic system to provide legal means to adapt to economic change. This theory acknowledges the insights of chaos and cellular automata theory into the inevitable and unpredictable nature of economic change. Variation in the system's capacity for legal responsiveness to unpredicted change is hypothesized to have an impact on crime. Economic crime can be an indication of dysfunction in the adaptation systems of the economy. The concepts of ecological and evolutionary economics such as stability, resilience, connectedness and adaptation offer an approach to analyzing the systemic property of legal responsiveness.