Why He Didn't Get the Job : Employment Policy Issues Affecting Individuals with Criminal Records

African Americans have experienced many aspects of discrimination. Because African Americans have lacked certain protections, they have experienced grave difficulty in obtaining employment. In this comment, the author focuses on historical and recent developments in society’s attempt to curtail employment discrimination that has affected African Americans with arrest and/or conviction records. From issuing executive orders in World War II banning discrimination to implementing laws to protect individuals from employment discrimination— it is evident that society has moved in the direction of providing legal remedies for prospective employees with criminal histories, as well as offered guidance to employers when conducting employment screenings and crafting hiring policies. While this comment acknowledges changes related to fair hiring practices, the author provides empirical research involving the adoption of “Ban the Box” legislation and its unexpected effects on African Americans with criminal histories seeking employment. Additionally, the author provides details on how the United States Equal Employment Opportunity Commission provides a Guidance document that offers guidelines, known as the Green factors, that assist employers with conducting fair assessments of prospective applicants with arrest and/or conviction records. These criteria demonstrate a critical assessment that has been adopted by many states. For instance, the author presents a comparison of laws in two states, Louisiana and California, that appear to have adopted and integrated the Green factors into legislation. This comment suggests that the ongoing efforts of promoting a fair chance at employment for African Americans with criminal records will continue to improve as this effort appears to promote diversity and inclusion in America’s workforce today