Consideration-of-Arrest-and-Conviction-Records-in-Employment-Decisions

Consideration of Arrest and Conviction Records in Employment Decisions

EEOC Enforcement Guidance

Update 04/2019

https://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

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