Employers still overlook job seekers with resume gaps despite urgent hiring

Federal regulators on Thursday turned their attention to workers with gaps in their employment histories. Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows said that for this diverse group, equal access to employment opportunities is "much harder" to achieve.

Burrows co-hosted an April 28 virtual event with Jenny Yang, director of the Office of Federal Contract Compliance Programs (OFCCP), as part of the HIRE Initiative, an interagency effort to remove barriers in hiring and recruitment. The discussion focused on four groups for whom employment gaps were particularly salient during the pandemic: caregivers, older workers, people with disabilities, and workers with criminal records.

Each of these groups can bring unique skills to the workplace and may help employers meet hiring goals in a competitive market, panelists said. But employers may need to adjust their policies and processes to break down the barriers these groups face.

'A waterfall of bias'

Working parents have been a focus for analysts throughout the pandemic. Elizabeth Gedmark, vice president of the nonprofit A Better Balance, noted that the pressures of raising a family can lead any parent to experience an employment gap, but such gaps disproportionately affect women of color, especially those in low-wage jobs.

Take birth parents, for example, who may be forced out of work even while pregnant, and some may be forced out multiple times during a single pregnancy. "This can often be the start of a downward spiral of financial insecurity," Gedmark said. "Finding a job doesn't mean keeping a job." Additionally, the level of medical benefits offered by different jobs may not be consistent, and changing jobs can mean losing leave rights under the Family and Medical Leave Act.

Caregivers of all kinds may worry about disclosing the reasons for resume gaps when deciding to return to the workforce, as it could invite stereotypes or discrimination, Gedmark said. She added that some may not even apply for positions they perceive as unfriendly to caregivers.

Similarly, workers with disabilities face a dilemma during the interview process, noted Eve Hill, a partner at the law firm Brown Goldstein Levy. Under the Americans with Disabilities Act, covered employers are prohibited from asking candidates whether they have a disability. But if an employer asks a candidate to explain a resume gap, the candidate may still have to bring up the topic voluntarily.

Such disclosures can trigger "a waterfall of bias," Hill said. Employers may fear disability, or worry that employees who have taken leave due to disability in the past will be unreliable in the future, or will require costly or unreasonable accommodations. Hill further noted that given the pandemic may have exacerbated pre-existing conditions or triggered new ones, including long COVID or mental health-related conditions, a person's ability to work may be significantly affected.

Employers may also overlook candidates with criminal records, even if they have adopted "ban the box" practices and no longer ask about criminal history, said Theresa Y. Hodge, president of Mission: Launch. This is because background checks can still reveal the same information. And if a criminal record appears in a background check, employers may find it easier to simply reject the candidate than to have a discussion with them.

"The negative impact of a conviction rarely ends when people finish their sentences," Hodge said. "This one piece of data is depriving people of the right to opportunity."

In the months after the World Health Organization declared COVID-19 a pandemic, economists shared predictions that the resulting wave of layoffs and safety concerns could lead to involuntary retirement for older workers. This is problematic because these workers often need longer to return to the labor force at the same pay they earned before their involuntary departure, said Heather Tinsley-Fix, senior advisor for financial resilience at AARP.

Ageism and age discrimination facing older workers "remain stubbornly with us," Tinsley-Fix said, but they must also navigate changes in the job application process. Hiring today may be entirely online and require navigating multiple different platforms. Candidates may be asked to take assessments or play games as part of the process, or even submit self-produced videos before receiving a formal interview.

This is a loss for businesses, Tinsley-Fix said, because older workers bring both expertise related to their fields and soft skills that are not easily replaced by automation, including critical thinking, analytical ability, empathy, and relationship building.

What these workers can bring

Panelists pointed to the diverse skills that each of these groups can offer. Hill spoke of her experience working with employers who hire people with disabilities: these workers demonstrate "loyalty that surprises employers." Additionally, accommodations provided for these workers—such as simpler, clearer signage—have reduced the overall rate of workplace accidents.

Everyday experiences can translate directly to job performance. "People with disabilities solve more problems before they get to work than most of us solve in a week," Hill said.

Past experiences also benefit those who have been incarcerated. "In many cases, we managed the facilities where we were held," Hodge said. "In some cases, we were even able to continue our education while incarcerated."

Hodge noted that formerly incarcerated people are not a monolith, and each person entered prison with a unique set of skills. Many have experience in soft skills, problem-solving abilities, and entrepreneurial thinking. "This is a talent pool that can truly help employers grow their businesses," she said.

Meanwhile, caregivers gain first-hand experience in patience, diligence, resilience, and time management, Gedmark said, adding that caregiving "is not a break; it's just hard work without pay."

Caregivers also know how to advocate for colleagues because they often have to advocate for their loved ones, Gedmark continued. She cited the example of a mother who organized and led a group of families in a neonatal intensive care unit (NICU) to protest a hospital's practice of charging NICU patients for parking. The group ultimately persuaded the hospital to waive the fees. "What employer wouldn't want that person on their team?" Gedmark said.

What HR can do

Recruiters may notice that, in some cases, resources for reaching these groups already exist. Tinsley-Fix said AARP's job board can help employers find experienced workers. Hill said employers looking to expand their search to workers with disabilities can contact disability student offices at educational institutions as well as disability and health organizations. Existing employees who belong to these groups can also provide referrals.

Communication also plays a role. Hill said employers often exclude disability from diversity, equity, and inclusion statements, even though workers with disabilities bring intersectionality to the workplace. Hodge said employers hoping to hire people with criminal backgrounds can take a major step toward recruiting this group simply by stating they are a "fair chance" or "second chance" employer; "no one wants to go through a daunting application process only to be told again and again that they are not welcome."

Going further, HR can conduct a deep review of the organization's hiring process. For example, job descriptions may contain language that discourages certain groups. Terms such as "recent graduate," "high energy," and "fast-paced" can subtly signal to older workers that they should not apply, Tinsley-Fix said. Legacy processes and screening criteria may also filter out applicants without college degrees, or application forms may ask for dates of birth or graduation dates.

Unnecessary physical requirements can screen out people with disabilities, Hill said, such as requiring candidates to be able to lift 50 pounds. She also noted that employers should verify the necessity of requirements like "candidate must have a driver's license." In that example, employees may have other ways to travel between locations or worksites.

Next, HR may need to reassess the hiring team itself. According to the panel, employers should evaluate whether their interview panels include diverse members, including older workers, workers with disabilities, and other categories. Hill suggested employers ensure recruiters receive training on implicit bias regarding disability, while Hodge said recruiters may need training on how to have empathetic conversations about an employee's past convictions or criminal background.

Certain aspects of the hiring process can be directly reformed to prepare for specific candidate groups. For example, Hill said HR teams can work to ensure accommodations are prepared in advance for managers when needed.

Outside groups can also help. Hodge said employers can hire professionals who specialize in working with formerly incarcerated people and workers with criminal backgrounds to assess whether a candidate is suitable for a particular position. When making hiring decisions for such candidates, Hodge said employers should "only reject candidates when it is reasonable to do so."

Finally, several panelists suggested flexible work policies as a gateway to inclusion. Tinsley-Fix said employers can try models like "returnships"—recently adopted by large companies such as Amazon—to provide older workers with a "mutual get-to-know-you period" that helps organizations determine whether the employee is a good fit. She added that part-time or consulting roles can also offer older candidates more flexibility.

Flexible leave can also be critical for candidates with criminal backgrounds, Hodge said, because they may need to meet with parole officers or be on probation. Employers can ensure these employees are able to clock in early or work overtime based on the timeline of their work completion.

Caregivers may need flexibility to ensure they can attend doctor's appointments, Gedmark said. Flexibility can also be embedded in recruitment questionnaires, as caregivers may be hesitant to check a box or respond to a prompt about their availability. According to Gedmark, some caregivers worry that if they do not indicate they are available at all times, they will not get enough hours to pay their bills.