Individualized Assessment

An individualized assessment is a process employers use to evaluate a candidate’s criminal record in context rather than automatically disqualifying them. This assessment considers factors such as the nature of the offense, the time elapsed, and its relevance to the job role, following EEOC guidance.

Compliance note

The Equal Employment Opportunity Commission (EEOC) recommends individualized assessments to ensure fair hiring practices under Title VII of the Civil Rights Act.
Employers should document the assessment process and give applicants a chance to provide context or evidence of rehabilitation.
Automatic exclusions based on criminal records may create disparate impact and risk noncompliance with EEOC guidance.
Employers must still comply with the Fair Credit Reporting Act (FCRA) when using background check information for hiring decisions.

Authoritative source

Frequently Asked Questions

Q: What is the purpose of an individualized assessment?

A: It ensures that employers evaluate criminal records fairly and consistently by considering job-relatedness, time passed, and the applicant’s rehabilitation rather than rejecting candidates automatically.

Q: Is an individualized assessment required by law?

A: While not mandated federally, the EEOC strongly encourages it to comply with Title VII’s anti-discrimination provisions. Some states and localities have enacted laws that make it a requirement.

Q: What information should be reviewed during an individualized assessment?

A: Employers should consider the nature and gravity of the offense, the time since the conviction, the relevance to the position, and any evidence of rehabilitation or mitigating circumstances.

DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.