1、Best Practices for Individualized AssessmentsOverview of the EEOCCriminal HistoryGuidance and Tips forConducting Them 0112222INDIVIDUALIZED ASSESSMENTSTable of ContentsExecutive Summary 3A Little History 4Performing an Individualized Assessment 5 1.Maintain a Written Policy 52.ConsiderCreatingaPosit

2、ionSpecificMatrixToIdentify Criminal Records And Ensure Consistency In Application 6 3.Create a Centralized Process.6 4.Allow a Candidate to Provide Information 7 5.Consider Worldwide Consistency 8 6.Train,Train,Train!8Sample Individualized Assessment Form 9Individualized Assessment Form 9Avoiding C

3、ommon Errors That Get Employers In Trouble 10Summary 11Definitions113INDIVIDUALIZED ASSESSMENTSExecutive Summary On April 25,2012,the Equal Employment Opportunity Commission(EEOC)published guidance relating to an employers use of arrest and conviction records.The guidance discourages blanket exclusi

4、ons of individuals who have been convicted of crimes and reminded employers that they should analyze the nature and gravity of the offense,the age of the offense,and the relationship between the job duties and the conviction.The guidance added a new,never-seen-before recommendation that an employer

5、also conduct an“individualized assessment”or case-by-case assessment to determine if a criminal conviction was job related and consistent with business necessity.Although the guidance discusses that such assessment is not always required,for example,when there is such a“demonstrably tight”nexus betw

6、een a crime and a job,the interpretation of the EEOC seems to be that those instances are the rare exception.Generally speaking,the individualized assessment gives individuals the opportunity to explain or resolve a criminal history uncovered in a background check.The goal of the EEOC guidance is to