Every day, members of the public interact with employees of all backgrounds. Many employees have criminal histories. The public must rely on employers’ ability to appropriately hire and retain employees. Efforts to expand employment for ex-criminal offenders often face resistance from the concerned public and also from business owners who have a compelling interest in maintaining public safety.
On the other side of the spectrum is the public interest in rehabilitating ex-felons to reduce the recidivism rate. Research proves that giving ex-felons’ employment opportunities serves that interest. In recent years, many state governments have recognized the public policy behind creating employment opportunities for ex-offenders. With the increasing imposition of employer liability for negligent hiring and negligent retention, however, employers have little incentive to assist ex-felons in an effort to promote rehabilitation of criminal offenders. . . .