Consideration of Arrest and Conviction Records in Employment Decisions
EEOC Enforcement Guidance
Employers must use the “nature/time/nature” test as described by the EEOC 2012 guidance on using criminal records in employment decisions.
Described as a “targeted screen” or “Green factors,” this provides for:
1. Weighing the nature of the offense.
2. How long ago it occurred.
3. The nature of the position.
Further, employers must either conduct an individualized assessment OR show that your screening policy makes the distinction between candidates who pose an
A. “acceptable risk” versus
B. “unacceptable risk”
You are required to prove that the conviction has direct bearing on a candidate’s ability to do the job.
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Copyright© National Employment Screening updated 03/2019