Responsible Hiring Starts with a ‘Fair Chance’

Est. Read Time 8 mins.

Roughly 1 in 3 U.S. adults have a criminal record that could prevent them from getting hired.

For decades, an arrest or conviction record has acted as an automatic stop sign in the hiring process. This model was built for speed and simplicity: screen early, screen broadly, and screen out anyone who raises concern. But lately, it’s been under growing pressure.

Not because employers no longer care about risk. But because broad, automatic exclusion of individuals with a criminal history has created real social and economic harm, shut good people out of work, and made too many hiring decisions about reaction to stigma rather than relevance and real qualification.

‘Fair Chance’ hiring has emerged as a smarter, more responsible, and ultimately more effective alternative.

Lowering the barrier, not the bar.

Fair Chance hiring doesn’t mean lower standards or “anything goes.” It means evaluating candidates based first on their individual merits, qualifications, and skills. Then using criminal history as one signal among many as part of a broader, human-first assessment.

In simple, practical terms, Fair Chance hiring means:

Evaluate qualifications first.
Move the background check to later.
Limit scope to what’s relevant.
Judge findings in context.
Give candidates a meaningful chance to respond before making a final decision.

A movement took shape.

What started as a reform idea has gradually become a massive shift in policy, practice, and public expectation.

Hawaii became the first state to pass Ban the Box legislation for both public and private employers in 1998. [i]
In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) updated its enforcement guidance to clarify that blanket exclusions of people with criminal records could create unlawful discrimination liability under Title VII. [ii]
In 2016, over 100 major corporations including Google, Walmart, and Starbucks signed the White House Fair Chance Business Pledge to adopt Fair Chance hiring practices. [iii]
Finally in 2019, the Fair Chance to Compete for Jobs Act codified these practices into law for both federal agencies and federal contractors. [iv]

The momentum has continued.

Based on current employer compliance guidance used by TEAM, Fair Chance and related requirements are now in place for private employers in at least 16 states and 11 major cities or counties.

(This count reflects jurisdictions with requirements that materially affect background screening workflows and FCRA‑regulated hiring processes. Additional jurisdictions may have related laws that are outside the scope of this analysis.)

A case for more than compliance.

The expanding laws are reason enough for employers to stop and think. But regulatory compliance is only part of the story. The other part is about talent strategy.

Fair Chance hiring opens the door to a large, often overlooked segment of the labor market. And the performance potential is stronger than many employers assume.

In one recent employer survey [v] , executives gave notably positive reviews of Fair Chance hires:

• 90% said they work hard and often go above and beyond.
• 93% said they build good relationships with staff and managers.
• 85% said they stay as long as or longer than other employees.
• 87% said they have been promoted based on job performance.

Fair Chance in four steps.

So what does implementing a Fair Chance hiring policy actually look like? Employers don’t need to rebuild everything overnight. But as long as you start with intention you can turn these principles into defensible hiring strategy.

A strong Fair Chance hiring framework usually includes four practical shifts:

Step 1: Delay the question.

Ban the Box and delayed screening are the first, most visible places to start.

Remove stigmatizing language ("ex-felon”) and all criminal history questions from job applications, unless a law specifically requires them.
If you do run background checks, wait to do them until the end of the hiring process—after a candidate has been thoroughly evaluated on skills and fit, and a conditional job offer has been made.

This single change can help prevent early-stage bias from ending a conversation before it even begins.

Step 2: Narrow the scope.

Just because a record exists, doesn’t mean it should be looked at. Broad searches can feel safer, but in practice, they can create more noise than clarity.

Smart screening programs rethink how much weight to give old offenses and low-level records like non-convictions or dismissals.
There’s also the question of what is legally reportable. It’s important to understand how record-sealing reforms, known as ‘Clean Slate’ laws, may affect what can or cannot be considered. [vi]

Step 3: Make the decision fit the job.

A record should not automatically end the conversation. If a hit surfaces, do not jump straight to revoking the offer.

First, employers should give the candidate a chance to review the full report so they can dispute inaccuracies, provide additional context, or even present evidence of rehabilitation. This process is known as Adverse Action and is required for all screening under the Fair Credit Reporting Act (FCRA). [vii]

Then, any adverse hiring decision based on found criminal records should be grounded in relevance to the job: the nature of the offense and whether it meaningfully relates to the trust, access, or safety demands of the role. These Individualized Assessments as they are often called, are one of the most fundamental concepts of Fair Chance hiring policy.

Step 4: Build a Fair Chance culture.

Hiring differently is one thing. Sustaining it is another. A Fair Chance program will not work if the policy changes but the mindset does not.

Without buy-in and commitment, especially from the top, it’s easy to drift back into old habits.
Organization-wide communication and repeat education is vital to helping reduce stigma and ease misplaced concerns or fear.

Decades of stigma can’t be erased overnight, so keeping specific results within HR only—even keeping them from the hiring manager unless explicitly necessary—can be a second line of defense as your organization works to shift their mindset.

Better hiring depends on better judgment.

The most effective hiring programs still protect the workplace. They still account for trust, access, safety, and regulatory requirements. They simply do so with a process that is more thoughtful and more human.

With these systems in place, organizations are opening the door to talent, resilience, and long-term value that they would otherwise miss.

If you’d like to rethink how your screening process handles criminal history, TEAM can help.

[i] https://www.ncsl.org/civil-and-criminal-justice/ban-the-box

[ii] https://www.eeoc.gov/laws/guidance/arrest-and-conviction-records-employment-brochure

[iii] https://obamawhitehouse.archives.gov/issues/criminal-justice/fair-chance-pledge

[iv] https://www.federalregister.gov/d/2023-18242

[v] https://checkr.com/resources/report/fair-chance-hiring-report
https://a-us.storyblok.com/f/1014904/x/8de62b47b7/checkr-fair-chance-hiring-report-ebook.pdf

[vi] Clean Slate Initiative. https://www.cleanslateinitiative.org/

[vii] https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act