Lowering the Job Barriers. Pat Tucker, Adam Kirkman,

Transcription

1 Lowering the Job Barriers Pat Tucker, Adam Kirkman,

2 Problem What can job developers use to help encourage potential employers to hire a justice-involved veteran?

3 Traditional - Employer Incentives Federal Work Opportunity Tax Credit: Modest, but can add-up Involves substantial paperwork Federal Bonding Program: $5,000 - $25,000 in coverage Client needs to have a job offer

4 Federal Bonding: What is It? Q. What is the Federal Bonding Program? A. It is a unique tool to help a job applicant get and keep a job. The program issues Fidelity Bonds, and is sponsored by the U.S. Department of Labor Q. What is a Fidelity Bond? A. It is a business insurance policy that protects the employer in case of any loss of money or property due to employee dishonesty. It is like a guarantee to the employer that the person hired will be an honest worker. The Fidelity Bonds issued under the Federal Bonding Program are insurance policies of the Travelers Property Casualty insurance company. The McLaughlin Company in Washington, DC, is the agent for Travelers in managing the program nationwide.

5 Federal Bonding: What is It? Q. How does the Bond help someone get a job? A: The bond is given to the employer free-of-charge and serves as an incentive to the company to hire a job applicant who is an ex-offender or has some other risk factor in their personal background. The employer is then able to get the worker s skills without taking any risk of worker dishonesty on the job. Q. What exactly does the Bond insurance cover? A: It insures the employer for any type of stealing by theft, forgery, larceny, or embezzlement. It does not cover liability due to poor workmanship, job injuries, or work accidents. It is not a bail bond or court bond for the legal system. It is not a contract bond, performance bond, or license bond sometimes needed to be selfemployed.

6 Federal Bonding: Where to Get It Q. What do you have to do to get Bonding services? A: The Employer or job applicant should contact the nearest State Job Service Office or One Stop Career Center (call US2-JOBS). It is necessary for the applicant to first visit and register with one of these offices (sometimes called a Workforce Office). There are no papers to be completed by the job applicant or the employer in order for the bond to be issued to the employer to cover the job honesty of the worker. Before a bond can be issued, the applicant must receive a job offer and the employer must schedule a date to start work. The McLaughlin Company in Washington, DC will then issue, to the employer, a Fidelity Bond insurance policy covering the worker. This policy is underwritten through the Travelers Property Casualty insurance company.

7 Seeking Bonding Services For the location of the workforce office/one stop center nearest an individual s home: Call toll free: US2-JOBS Any agency/organization wishing to learn about acquiring bonds to be issued to employers to facilitate job placements: Call toll free: ex.256

8 Website Information Ten Approaches for Justice Involved Veterans

9 Eight categories WOTC Tax Credit Not retroactive for current employees Must be a new employee, not a rehire Pre-hiring incentive to employers Forms are time sensitive!!! One-time tax credit of a maximum of $2,400, based on number of hours worked and rate of pay. Not a guaranteed $2,400!

10 Qualified Ex-Felon Has been convicted of a felony under any statute of the United States or state statute; and Has a hiring date that is not more than one (1) year after the last date on which he/she as was convicted or released from prison; and Is a member of an economically disadvantaged family.

11 Tax Credit Calculation If employee works at least 120 hours, but less than 400 hours, the formula is: Hourly rate X # of hours X 25% $10.00 X 120 hours ($1,200) X 25% = $300 tax credit Qualified wages are always capped at $6,000.

12 The Longer the Employee Works The greater the tax credit! Once the employee reaches 400 hours, the formula changes: Hourly rate X # of hours X 40% $10.00 X 400 hours ($4,000) X 40% = $1,600 tax credit

13 To Get the Maximum Credit Using this example, to get the maximum credit, the employee would have to work 600 hours: Hourly rate X # of hours X 40% $10.00 X 600 hours (6,000) X 40% = $2,400 tax credit

14 Website Information

15 Traditional Expungement-type Tools Terms, eligibility criteria, etc., vary amongst states. An attorney may be helpful, but is rarely required. Requires filing a prescribed form with a court or agency after a crime-free waiting period. 15

16 There are no Have you ever been... questions on job applications. Stops exclusion of people with records from interviews: Ban the Box Rules Employer can inquire into and consider criminal history. Adopted by 60+ cities, 12 states, Walmart, Target, etc. Society for Human Resource Management (SHRM) March 2016 Ban the Box has gone viral 16

17 EEOC Enforcement Guidance Examples Account executive County animal control trainee Document shredder Bank customer service representative Community center administrative assistant Truck driver 17

18 Individualization Rules U.S. Equal Opportunity Employment Commission April

19 US EEOC Enforcement Guidance Equal Employment Opportunity Commission Administers the Civil Rights Act of 1964 Covers organizations with 15+ employees Practices with disparate impact can violate the law Arrest records may not be considered Exception child abuse example Conviction records factors to consider Time elapsed Relevance to job duties Evidence of rehabilitation 19

20 EEOC Enforcement Guidance Examples Account executive County animal control trainee Document shredder Bank customer service representative Community center administrative assistant Truck driver 20

21 Handling Applications and Interviews Prepare for individual assessment Present the best case for hiring Job developer - employer dialogue 21

22 Prepare for Individual Assessment Client knows what s on his/her record: RAP Sheet Credit report Client understands key terms: Felonies / misdemeanors / lesser infractions Conviction may not result in incarceration Pretrial detention does not mean there was a conviction Client practices interviews, including record questions Volunteer interviewers - business people, peers Take a video for client to review Have the client role-play interviewer 22

23 Assemble Personal Change Documentation Rehabilitation: Copies of clean drug tests, counselors letters, with such statements as He s very motivated School: Transcript, teachers letters with as She had good attendance, she had a positive attitude Job Training: Certifications, instructors letters stating things such as, He developed skills, he got along well with others Employment: Letters from supervisors or co-workers noting the job duties, work quality, punctuality Military Service: Discharge papers, commanding officer s letter Parole or Probation Officer: Letters noting such things as He understands why he got in trouble Clergy/Community Leader: Letters describing volunteer work, responsibilities 23

24 Interview - Address the Past Truthfully address the criminal history issue Briefly summarize the offense type, date, age at the time / avoid details. Look the interviewer straight in eyes / accept responsibility in own words. Examples: I did some stupid things, and had to learn the hard way, but I did learn. I regret what I did and am different today - new friends and interests. I have a lot to prove. Succeeding at work is the key to my future 38

25 Interview Focus on Today Be specific about your rehabilitation efforts: I used to use drugs but I ve been clean and sober for (time period). I completed / am now participating in a (type) program. Here is my counselor s name and contact information so you can check. For education/training/employment while incarcerated and/or, note that: I studied (subject). I learned job skills including (a trade, a computer program). I worked as a for (time period). Emphasize your strengths and skills most relevant to the job: Working (ex. outside) is what I like, so this job is a great fit. Getting along with people is important, and I m getting really good at it. I ve learned to how to be on time and how to handle deadlines. 25

26 Interview Focus on Today Note on the ADA regarding rehabilitation: Mental illness, as well as past drug use, are disabilities disclosure by applicant is discretionary. However, if reasonable accommodations are needed, discuss after a job offer. Provide documentation of personal change, along with Bonding & Tax Credit forms. If not offered the job, send a brief follow-up letter to the interviewer: Thanking him/her for talking with you. To briefly review the best case and request further consideration. With copy to manager. 26

27 Job Developer - Employer Dialogue Outline basics of EEOC Enforcement Guidance Criminal records are prevalent in labor pool 2013 survey of employers - knowing about the guidance prompts changes in practices Arrested by age 23: Black males - 49% White males - 38% Productivity only a little data, but: Hourly workers generally no difference Call center reps slightly more productive 27

28 Job Developer- Employer Dialogues EEOC legal cases against employers are rare, but real. $3.13 million Pepsi settlement (2013) Discussions with a retail store HR manager: Certain convictions disqualify people for certain positions. Theft convictions / jobs involving access to cash. Other qualified referrals will be interviewed. 28

29 The Rehabilitation Act of 1973 The Rehabilitation Act of 1973, as amended, requires: Federal agencies to provide reasonable accommodation. (Section 501) That federally funded or sponsored programs be fully accessible. (Section 504) That all electronic technology be accessible. (Section 508) 29

30 Ten Approaches for Justice-Involved Veterans See an attorney to explore if the veteran is eligible to get conviction sealed, expunged, or judicially set aside. Veterans have the legal right to say No on an application or interview if asked about a criminal record. Determine whether Ban the Box applies to the veteran. Understand the veteran s rights under the Fair Credit Reporting Act (FCRA) and state laws if there is a background check and your criminal record is being used against the veteran.

31 Ten Approaches for Justice-Involved Veterans If a background report is not 100% correct and accurate, immediately contact the background screening firm and the employer. Request an individualized Assessment of the veteran s situation. Have the veteran work with a professional and talk to people experiencing the same challenges. Honesty is the best policy. 31

32 Ten Approaches for Justice-Involved Veterans 1. See an attorney to explore if the veteran is eligible to get conviction sealed, expunged, or judicially set aside. 2. Veterans have the legal right to say No on an application or interview if asked about a criminal record. 3. Determine whether Ban the Box applies to the veteran. 4. Understand the veteran s rights under the Fair Credit Reporting Act (FCRA) and state laws if there is a background check and your criminal record is being used against the veteran. 5. If a background report is not 100% correct and accurate, immediately contact the background screening firm and the employer. 32

33 Ten Approaches for Justice-Involved Veterans 5. Request an individualized Assessment of the veteran s situation. 6. Have the veteran work with a professional and talk to people experiencing the same challenges. 7. Honesty is the best policy. 9. Rebuild resume one step at a time, even if it is not the perfect job. 10. Take the long-term view.

34 Summary The importance of client preparation can t be overstressed. Addressing the EEOC factors the key to handling interviews. Honestly address past, focus on present ability to meet employers needs. 34

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36 THANK YOU 36