Law & Psychiatry: Assisting People in Recovery Who Have Criminal Records to Reach Their Employment Goals

A single criminal record can create long-term employment barriers for individuals with a serious mental illness, upending the goal of working shared by most people in recovery. This Law & Psychiatry column describes established tools that can partially lower these barriers. It also discusses recent guidance from the Equal Employment Opportunity Commission clarifying how employers can—and cannot—use arrest and conviction information.

Working, a goal of most people in recovery from mental disorders, can be impeded by legal exclusions and by employers’ rejections based on an applicant’s criminal record. This column describes established tools that can partially lower these barriers and recent legal developments that provide additional strategies, in particular the Equal Employment Opportunity Commission’s Enforcement Guidance. These developments address the permissible use of arrest and conviction information in employment contexts, focusing on individualized consideration of specific factors, including rehabilitation. The authors also suggest strategies for job interview preparation that, when combined with job retention planning, can improve clients’ prospects of achieving their employment goals.