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Policy & Mental Health: The Overlooked Effect of ‘Criminal Records’ on the Unemployed

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Lynn Todman, Ph.D.

Lynn Todman, Ph.D.

Lynn Todman, Ph.D., is Executive Director of the Institute on Social Exclusion and Vice President for Leadership in Social Justice at the Adler School.  An urban planner by training, Dr. Todman is a leading expert on the interrelationship of public policy and planning, social determinants and mental health. This op-ed for Crain’s Chicago Business was published June 6.

Imagine being chronically unemployed. How would you feel? Hopeless? Depressed? Anxious?

These feelings are not uncommon for residents of the Chicago neighborhood of Englewood, where the unemployment rate is 20 percent, according to the U.S. Census Bureau.

The Adler School of Professional Psychology recently conducted a study designed to assess the mental health impacts of policy decisions on socially and economically vulnerable communities. Our team worked with Englewood residents to find out how changes in federal employment policy designed to increase employment opportunity could impact the residents’ mental health and well-being.

The assessment found that as many as 7 in 10 businesses in Englewood use background checks in their hiring decisions. Many employers, knowingly or unknowingly, do not distinguish between “arrests” and “convictions.” This is a problem in places like Englewood, where arrest rates are much higher than the average rates in Chicago and where many arrests do not lead to charges or conviction. Not distinguishing between arrests and convictions makes it possible for residents to be excluded systematically from employment despite not having been found guilty of a crime. In effect, we found that far too often people who have not committed crimes face chronic rejection and long-term unemployment due to their “criminal records.”

In the past year, the Equal Employment Opportunity Commission set out to address this problem by revising its Policy Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Many factors were considered during the EEOC’s deliberative process — but not the impact of the proposed reform on mental health or emotional and psychological well-being. As described in the Adler School’s report, employment discrimination, such as the type faced by people with an arrest record but no subsequent charge or conviction, has been linked to adverse mental health effects, including anxiety, depression and stress.

STRENGTHENING NEIGHBORHOODS

The assessment, conducted by our Institute on Social Exclusion, was an unprecedented 18-month investigation into the mental health effects of the proposed EEOC policy change through 254 survey responses, focus groups with 43 residents and interviews with eight local employers. The results indicate that the policy revision could have positive effects on the mental health of Englewood residents and the overall well-being of the Englewood community.

Why should policymakers and business leaders be concerned about mental health?

Besides a stronger workforce, improved mental health means:

  • Better educational outcomes for kids. The National Bureau of Economic Research found that children with mental disorders have comparatively poor educational outcomes.
  • A broader local tax base. Healthy people are more employable, and employed people have higher incomes and pay more income taxes. They also spend more money and pay more sales taxes, and they better maintain their homes, which positively impacts property values and municipal property tax revenues.

In addition, the assessment showed that increased employment opportunity resulting from the EEOC update also could improve the mental health of many Englewood residents and enhance community well-being by strengthening residents’ feelings of connection to their community. Individual and community well-being are critical elements of a fertile business climate.

The mental health effects of public policies, including labor policies such as those put forth by the EEOC, must receive the same level of consideration and deliberation as economic effects because of the well-documented relationship between health and productivity. Mental health is a business imperative that can no longer be overlooked.

The Adler School’s assessment team, with the help of community organizations and residents, will continue to monitor the effects of the changes and make sure that Englewood residents and local business owners are educated about the policy change.



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