Sentencing judges are faced with a dilemma when considering employment history as a sentencing factor. This nonlegal factor often works against racial minorities and gives rise to charges of discrimination. On the other hand, employment history has been shown to be a factor in recidivism. Judges should consider employment factors in a positive rather than negative perspective and thus avoid discrimination. Future sentencing guidelines should require judges to shift their focus from evaluating a defendant's past employment history to developing creative plans for improving an offender's future employment prospects. Before they send a nonviolent offender to prison, judges must consider a probation program that includes strict supervision, job training, and a carefully selected job. Offenders from racial minorities on average are more likely to have a poor employment record. Judges, however, must emphasize ways of improving an offender's future job opportunities rather than dwelling on past employment problems. 33 footnotes.