The document emphasizes the importance of individualized assessments when hiring ex-offenders, as blanket exclusion policies can lead to discrimination and disparate impact. It advises employers to consider job-related factors and conduct standardized background checks while treating all applicants equally. Additionally, the document highlights the benefits of hiring ex-offenders, suggesting that doing so can enhance both business outcomes and community welfare.

1. Avoid blanket
exclusion policies
Use individualized
assessments
EEOC Guidance:
Individualized assessments
help avoid disparate impact
Individual Assessment
FACTORS TO CONSIDER
Your goal is a fair and effective hiring process that
benefits both your business and society at large.
Each individual is different
Public policy to employer:
Hire a felon!
The failure to hire ex-offenders
may reflect discrimination.
Anti-Discrimination Law is the tool used to
promote employment:
Public policy aims to expand jobs
Facing the Reality of Ex-Offenders
in Your Workplace
How to Hire
‘Second-Chance’
Workers
THE NUMBERS DON'T LIE
Your labor pool includes a large number of ex-offenders.
IS HIRING ex-offenders TOO risky?
If yes, it’s tempting to just exclude them.
But…
for people with criminal histories:
12 millionare felony convictions
More than 1 in 4Americans has a criminal record
Title VII FCRA
EEOC
Guidance
Ban the
Box
Employers face a dilemma:
OR
Exclude to reduce liability
in hiring….
Hire to avoid
discrimination.
Excluding ALL ex-offenders is rarely feasible.
And it's not the right thing to do in most cases.
Understand the
point of public
policy.
Focus on the
individual.
There is a path to this goal:
Title VII
of the Civil
Rights Act
Follow a
legally-compliant
process.
Use research-
based background
screening
methods.
EEOC defines
2 types of discrimination
Factors in a typical lawsuit
2 LESSONS
Occurs when an employer treats
an applicant or employee
differently because of his or her
race, national origin, or another
protected basis.
Employer
excludes
all felons.
Members of
protected classes
are more likely
to have felony
convictions.
Therefore, they are
disproportionately
excluded.
EEOC files a
lawsuit charging
disparate impact
discrimination.
Occurs when the employer’s
neutral policy or practice has
the effect of disproportionately
screening out a Title
VII-protected group and the
employer fails to demonstrate
that the policy or practice is job
related for the position in
question and consistent with
business necessity.
Disparate Treatment Disparate Impact
Do standard background
screening on all applicants
Do an individualized assessment
if applicant has criminal history
Exclude only for job-related
factors that are a business
necessity
Nature and
gravity of the
offense
Time that has passed
since the conviction
or conduct
Nature of the
job held or
sought
1
2
3
Green vs. Missouri Railroad decision (1975):
“The Green Factors”
Character:
references training job performance
• Employment
• Employed continuously 5 to 8 quarters
• Age 27 or over
• Education and training
Research on factors leading
to lower recidivism rates:
At some point, the risks of hiring an ex-offender who
has not been re-arrested are the same as any other
person of the same age, gender and background.
The Redemption Point
...burglary is ...robbery is ...aggravated assault is
21.8years of age
25.7years of age
22.3years of age
Research on 88,000 individuals:
The Redemption Point for...
How to Hire an Ex-Offender
Employers have rights:
Employers need to use a consistent process:
To use
background
checks
To exclude
applicants based
on background
data
Treat every applicant the same.
Background screening is crucial for ex-offenders…
...but do NOT use a blanket exclusion.
Make decisions on factors that are
job-related and a business necessity.
Do individualized assessments.
Follow the FCRA consumer report process:
Notify the applicant
about potential
adverse action.
Make final exclusion
decision only at end
of process.
Give time for
applicant to refute or
explain findings.
IT’s your call
Hire ex-offenders or not.
The process
matters either
way:
Reduce your risks:
Lower negligence risk
Lower discrimination risk
Improve hiring quality
Hiring the right ex-offender can be good
for business and good for the community.
Make better hiring decisions.
www.proformascreening.com