More on using the right terminology

Establishing the right terminology for referring to offenders and reformed offenders is a complicated matter but it is something I am commonly asked by Human Resources experts.

In recent years the term “offender” has become perceived as particularly offensive to some and particularly misunderstood by many. I believe that this is largely due to the commonality of the prefix “sex”.

On 30th June 2012 I conducted an experiment on google news search. Firstly I searched the term offender from UK news outlets over the previous 7 days and then I conducted the same experiment by omitting the term “sex offender”.

Out of 39 pages of returns with the word offender, only 22 pages (almost half) did not refer to “sex offenders” yet this group only accounts for a tiny percentage of the offender population. This only serves to widen misunderstanding and propagate the negative stereotype.

If you happen to make the error of using the term “offender” in a pub, then just count the seconds until somebody mentions sex-offender.

However there are practical problems about removing the term from language.

Firstly the title of the only UK legislation which specifically protects ex-offenders is called the Rehabilitation of Offenders Act 1974.

Secondly the Daily Mail etc will carry on regardless.

Thirdly any attempt to put a positive spin on a term will be seen as disingenuous by many or potentially disrespectful to victims.

Unfortunately the term “sinner” has too many biblical connections but there is something positive about it. There is an acceptance that we are all sinners in the same way that  we all fart, that all of our farts smell, that some are worse than others and that all farts are impermanent.

I can’t imagine getting away from using the term “offender” because it is so stuck in our language but for me the best compromise is to (where possible) use the term “people with criminal records” and although it’s a mouthful, it accurately describes a person within a broad group with a single thing in common.

RecruitWithConviction diversity resource – Using the right terminology

I think you have to judge everything based on your personal taste. And if that means being critical, so be it. I hate political correctness. I absolutely loathe it.
Simon Cowell

Whatever your opinion on political correctness (or Simon Cowell), if you’re like me then you’ll find yourself struggling to find the right term to describe a group of people to maintain your professionalism or convey compassionate intentions effectively.

In my experience there is no group of people more concerned about political correctness than the Human Resources professionals who I work with (gee I hope it’s still OK to refer to HR Pros) and I’ve lost count of the number of times I’ve been asked for the politically correct term for ex-offenders or former prisoners.

This article by Ian Glennie is the best use of words that I’ve found to describe that group of people who at some point in the past have been convicted of criminal offences.

The Language of Justice #2: Tinker, Tailor, Soldier, Service User … Prisoner, Probationer, Beggar Man, Thief.  Follow the link below

Blog: Language of Justice #2.

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The Usual Suspects

It takes a very good recruiter to really overcome stereotypes and  the picture of ex-offenders which is in the mind of inexperienced recruiters is overtly negative. Most people don’t think of Princess Anne or Stephen Fry.

Here is a more accurate picture that is painted by Zoe from the Greater Manchester Probation Team on Russell Webster’s Blog.

It’s a useful background resource for HR professionals to use in their Diversity Training.

via Russell Webster – The Usual Suspects.

Ex-offenders – HR Topics – CIPD

The Chartered Institute of Personnel and development (CIPD) have compiled research from employers over a number of years on best practice on how to recruit with conviction.

You need to register with their site to get access to the information but it is well worth reading.

The bottom line is that visionary employers see untapped potential and recruit with conviction. Look beyond the label,  overcome your stereotyping and recruit with conviction.

Ex-offenders – HR Topics – CIPD.

Chartered Institute of Personnel and Development
Chartered Institute of Personnel and Development (Photo credit: Wikipedia)
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How DHL Supply Chain works successfully with ex-offenders

How DHL Supply Chain works successfully with ex-offenders. See link for full article in Personnel Today for DHL Supply Team who won the Employee Engagement Award, sponsored by Harvey Nash, at the 2011 Personnel Today Awards.

Deutsch: Logo DHL Exel Supply Chain
Deutsch: Logo DHL Exel Supply Chain (Photo credit: Wikipedia)

“A critical part of the process was educating DHL recruits about prisoners, dispelling the myths and stereotypes that surround them”

“All DHL employees working on the contract were required to attend prisoner-awareness training, delivered by professionals from the prison service.”

“Interestingly, no colleagues have refused to work with prisoners on the contract. Understandably, in the early days, a small number of colleagues were nervous about working directly with ex-offenders. This was managed through coaching and attendance on prisoner-awareness training.”

“One concern raised in response to Clarke’s efforts to get companies to employ more ex-offenders is that, with unemployment levels still high, they could be taking jobs away from non-offenders struggling to gain employment.

However, Hopkinson stresses that offenders are not given priority over regular applicants.”

In other words DHL recruits the best person for the job but will assess the risks of any unspent convictions. Well done DHL! Good safe recruitment practice opening the door for real untapped potential for your business. #RecruitWithConviction

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Starting Work… Stopping Crime… Discussion – A Scottish response to the Rehabilitation of Offenders Act 1974 Amendment

Background:

The UK Government has amended the 1974 Act and Recruit With Conviction is gathering evidence to provide a Scottish solution to enable people to start work and stop crime.

GLASGOW, SCOTLAND - NOVEMBER 22:  Kenny MacAsk...

The facts:

  • Employment for ex-offenders reduces reoffending
  • A third of benefit claimants have criminal convictions
  • Ex-offenders have untapped potential for employers who recruit with conviction
  • Recruiting ex-offenders is endorsed by business leaders like Sir Richard Branson
  • There was never a time in history when criminal record history was more readily available

The Radical idea:

All convictions become spent when an individual is discharged from the Criminal Justice system. In other words, with the exception of jobs which put vulnerable people at risk or other exempted jobs like accountants, then any individual who is discharged by the criminal justice system is free to work without having to disclose their past convictions.

Ban the box idea:

If you were being introduced to an individual and told only that they had a dangerous dogs conviction, you would be surprised to see Princess Anne as the ex-offender. It is almost impossible for recruiters to avoid stereotyping ex-offenders! Ban the Box would stop employers asking about criminal convictions, until after they had assessed the candidate’s suitability for employment. The employer would still be able to deselect if the conviction was relevant, however they would be able to assess the candidate’s suitability for work without prejudice.

The Bureaucrats idea:

This would force employers to sign up to a code of practice for recruiting ex-offenders if they seek criminal record disclosure. This would require some sort of quota system whereby they would need to employ a certain percentage of ex-offenders in their workforce.

The Free Market idea:

On the basis that there is a significant untapped potential among ex-offenders, employers would be trusted to make good business decisions using the existing legislation. This would require a significant ongoing campaign and lobbying to businesses to help them overcome negative stereotyping. This would be expensive but business could pay for it.

[polldaddy poll=6081909]

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Boots joins employers-led drive to recruit ex-offenders | This is Money

Boots joins empl

Boots has become the latest company to sign up to an employer-led programme designed to try to cut the rate of reoffending among prison leavers.

It said last week that its High Street retail outlets would be part of the drive to recruit ex-offenders, but it also intends to involve all the British-based parts of the business as well as key suppliers.

The Employers’ Forum for Reducing Re-Offending already includes companies such as shoe repairer Timpson, distribution giant DHL and Virgin.

'Right thing to do': Boots has signed up to a scheme aiming to reduce the rate of reoffending among prison leavers‘Right thing to do’: Boots has signed up to a scheme aiming to reduce the rate of reoffending among prison leavers

Having a job and home has been shown to improve dramatically the likelihood that ex-offenders will manage to stay out of trouble.

 

Read more: http://www.thisismoney.co.uk/money/markets/article-2116429/Boots-joins-employers-led-drive-recruit-ex-offenders.html#ixzz1pwu7jtHzoyers-led drive to recruit ex-offenders | This is Money.

The Right Step Conference: Breaking Down Barriers to Employment

The Right Step Programme has been doing some outstanding work with employers to promote. Here are the details of their conference and a practical tool kit for any employer.

The event was held at the Radisson Blu Hotel, Stansted Airport , Essex. and 140 private, public and third sector oragnisations registered to attend.  At the conference a Toolkit, developed by and for employers, was launched to join the Code of Practice which was published last year.  Also launched were the first twelve of a series of case studies which have been recorded over the course of the project as examples of good practice.

Well done!

Here’s the link for much more detail

The Right Step Conference: Breaking Down Barriers to Employment 

Also excellent video from Chapelfield Shopping Centre Norwich

[youtube=http://www.youtube.com/watch?v=YCAzBLuvM6s&feature=player_embedded]

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Pepsico pay out millions because they didn’t Recruit With Conviction

Español: para el articulo pepsico
Image via Wikipedia

There are a number of news sources over the pond reporting Pepsico‘s failure to recruit people with criminal records. This has resulted in the company being required to pay out $3.13 million to the applicants they discriminated against.

Pepsico applied a blanket ban in recruiting people with Criminal Records, rather than doing a professional risk assessment of the convictions.

This was evidenced to be race discrimination because it affected the employment rights of some ethnic groups more than others.

This would be even more significant if it was using gender data because men are about 10 times more likely than women to have convictions. 1

Figures also suggest that about 1 in 3, 40 year old men have a criminal conviction.

This blog does not claim to offer legal advice and quite clearly, the legislation applied was American. However, failure to risk assess criminal convictions properly is clearly gender discrimination and it risks being race discrimination to a lesser extent.

Any criticism of Pepsico also needs to be put into perspective because of an error in the design of their HR processes can be seen replicated in many companies.

The real criticism of Pepsico should come from its shareholders because the company has failed to make use of the untapped potential of a group of people, who given the chance and the proper initial support, can repay the company with hard work and loyalty.

Also to be fair to Pepsico these charges applied to their bottling operations for they have changed their recruitment policies in the US to be more inclusive.

1 various stats exist on http://www.justice.gov.uk/publications/statistics-and-data/prisons-and-probation/prison-population-projections-ns.htm

Pepsico’s worldwide code of conduct http://www.pepsico.com/Download/CodeOfConduct/English_09.pdf

http://www.bloomberg.com/news/2012-01-11/pepsi-beverages-to-pay-3-13-million-in-race-discrimination-case.html

http://www.washingtonpost.com/business/industries/pepsi-beverages-pays-313-million-to-settle-federal-race-discrimination-charges/2012/01/11/gIQAHtgyqP_story.html

http://online.wsj.com/article/BT-CO-20120111-713074.html

http://www.cbsnews.com/8301-505125_162-57360397/pepsis-eeoc-violation-isnt-just-about-discrimination/

http://www.firstpost.com/fwire/pepsi-to-pay-3-13-mn-to-settle-racial-discrimination-charge-180109.html