Do exonerees face employment discrimination similar to actual offenders?

Abstract

PurposeGiven that criminal offenders face employment discrimination (Ahmed & Lang, 2017, IZA Journal of Labor Policy, 6) and wrongly convicted individuals are stereotyped similarly to offenders (Clow & Leach, 2015, Legal and Criminological Psychology, 20, 147), we tested the hypothesis that exonerees – despite their innocence – face employment discrimination comparable to actual offenders.MethodsExperienced hiring professionals (N = 82) evaluated a job application that was identical apart from the applicant's criminal history (i.e., offender, exoneree, or none).ResultsAs predicted, professionals formed more negative impressions of both the exoneree and offender – but unexpectedly, they stereotyped exonerees and offenders somewhat differently. Compared to the control applicant, professionals desired to contact more of the exoneree's references, and they offered the exoneree a lower wage.ConclusionsParadoxically, exonerees may be worse off than offenders to the extent that exonerees also face employment discrimination but have access to fewer resources. As the exoneree population continues to grow, research can and should inform policies and legislation in ways that will facilitate exonerees’ reintegration.

The Exoneree Health and Life Experiences (ExHaLE) Study: Trauma Exposure and Mental Health among Wrongly Convicted Individuals

“…Moreover, Perreault et al (2017) found that social support-another key variable in the current study-mediated the relationship between full-time employment and depression. Unfortunately, however, many exonerees struggle to find employment due to limited job skills, résumé gaps, hiring discrimination, and/or difficulty having their wrongful conviction expunged (Chunias & Aufgang, 2008;Kukucka et al, 2020), such that providing job training via statute and/or preventing employers from asking about applicants' criminal history (i.e., "Ban the Box" policies; Maurer, 2019) stands to benefit exonerees' reentry in more ways than one.…”

“…Several studies have gauged public attitudes toward wrongly convicted individuals, generally finding that exonerees-despite their innocence-are negatively stereotyped and stigmatized similarly to actual offenders (e.g., Blandisi et al, 2015;Clow & Leach, 2015a;Thompson et al, 2012; for an exception, see Tudor-Owen et al, 2019; for a review, see Faison & Smalarz, 2019). Accordingly, field experiments have found that exonerees face employment discrimination (Clow, 2017;Kukucka et al, 2020) and housing discrimination (Kukucka et al, 2021;Zannella et al, 2020) comparable to offenders, which present considerable barriers to reintegration. To explain such findings, researchers have speculated that the public may doubt exonerees' innocence (perhaps to preserve their belief in a just world; Hafer & Bègue, 2005;Scherr et al, 2018a) and/or believe that exonerees have been corrupted by their prison experience (i.e., stigma-by-association; Clow et al, 2012;Goffman, 1963).…”

Therapy with Exonerated Clients: Domains of Need

“…Exonerated offenders seeking a job to provide financial support may experience some of the same stigmatizing perceptions associated with ex-offenders. One study (Kukucka et al, 2020) even suggests that perceptions of exonerated individuals seeking employment may be more negative than those of former offenders. If the exoneration involved an offense for which there was a confession that was subsequently retracted-a "false confession"-that may increase the bias against exonerated individuals seeking work (Kukucka & Evelo, 2019).…”

“…Tudor-Owen et al, 2019). It appears stronger toward Black exonerees under some circumstances (Howard, 2019;Scherr et al, 2018) and may adversely affect the likelihood of obtaining a job (Clow, 2017;Kukucka et al, 2020). Such stigma is likely to affect the post-incarceration functioning of exonerated individuals in various ways.…”

“…As in some other domains that are important during reentry but not directly related to therapy (e.g., housing), therapy in this domain can focus on strategies and decisions related to seeking and keeping a job, or pursuing necessary education and training, without offering services more directly related. Since there may be bias against an exonerated individual seeking a job (Clow, 2017;Kukucka et al, 2020), it could be useful to assist a client to prepare job applications, role-play job interviews, and consider the kind of historical information that an individual might provide (and how to provide it).…”