Post on 11-Apr-2017
U.S. Equal Employment Opportunity Commission issued what is called the “Enforcement Guidance”
On Wednesday, April 25th, 2012
Nothing has changed from the Commissions previous stance on discrimination, disparate treatment and disparate impacts
“…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?
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?
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
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.
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
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