The U.S. Equal Employment Opportunity Commission issued guidance on individualized assessments, allowing individuals to contest exclusion due to past criminal conduct. This process considers various factors, such as the nature of the offense and the individual's employment history. The goal is to maintain a safe work environment while ensuring good screening policies are upheld.

1. Individualized Assessments:
What are they & How Do I Deal with Them?

2. U.S. Equal Employment Opportunity Commission issued what
is called the “Enforcement Guidance”
On Wednesday, April 25th, 2012

3. Nothing has changed from the Commissions previous stance
on discrimination, disparate treatment and disparate impacts

4. What is Individualized Assessment?

5. “…an employer informs the individual that he may be
excluded because of past criminal conduct; provides an
opportunity to the individual to demonstrate that the exclusion
does not properly apply to him; and considers whether the
individual’s additional information shows that the policy as
applied is not job related and consistent with business
necessity.”
What is Individualized Assessment?

6. In other words, it allows the individuals to make a
case for themselves including potential circumstances
and efforts of the individuals
What is Individualized Assessment?

7. 8 Potentially Relevant Evidences

8. 1. Facts or circumstances surrounding the
offense/conduct

9. 2. Number of offenses for which the
individuals were convicted

10. 3. Age at time of conviction

11. 4. Evidence that the individual performed the
same type of work, post conviction, with the
same or different employer, with no known
incidents of criminal conduct

12. 5. Length and consistency of employment
history before and after the offense/conduct

13. 6. Rehabilitation efforts, education/training

14. 7. Employment or character references

15. 8. Potential that the individuals will be bonded
under a federal, state, local program

16. USE INDIVIDUALIZED ASSESSMENT!

17. According to U.S. government Census
website (www.census.gov/econ/
smallbus.html) the overwhelming majority of
employers in the United States have a labor
force between 1-499 employees.

18. Individualized Assessment enforces and improves
the mission of a good screening policy; to keep and maintain a
safe work environment for staff and the community as well as
investing in a productive and competent workforce

19. Here are some links for you to look at.
http://www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm
http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm