There were nearly 1.6 million Americans in state or federal prison in 2014, the last year for which data is available. U.S. Bureau of Justice Statistics, “Prisoners in 2014.” Additionally, in 2013, 4,751,400 adults were on probation or parole. Erinn J. Heberman & Thomas P. Bonczar, Bureau of Justice Statistics, Probation and Parole in the United States, 2013 (rev. Jan. 21, 2015).
Formerly incarcerated individuals face obvious stigma, and many employers are reluctant to hire them once released. Gainful employment is critical if the formerly incarcerated are to reenter society successfully. Lawmakers face a dilemma: A criminal record presents a potentially impassible roadblock to their finding or keeping a job, regardless of how well qualified an applicant may otherwise be. At the same time, would-be employers have a right to consider the best interests of their businesses, as well as the best interests and safety of the customers they serve. Moreover, the federal Occupational Safety and Health Act (OSHA) requires employers to keep their workplaces free from “recognized hazards.” See 29 U.S.C. §651 et seq.
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