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

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

What is Individualized Assessment?

“…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?

8 Potentially Relevant Evidences

1. Facts or circumstances surrounding the offense/conduct

2. Number of offenses for which the individuals were convicted

3. Age at time of conviction

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

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

6. Rehabilitation efforts, education/training

7. Employment or character references

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

USE INDIVIDUALIZED ASSESSMENT!

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