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Avoid blanket exclusion policies
Use individualized assessments
EEOC Guidance:
Individualized assessmentshelp avoid disparate impact
Individual Assessment
FACTORS TO CONSIDER
Your goal is a fair and effective hiring process that benefits both your business and society at large.
Each individual is different
Public policy to employer:
Hire a felon!
The failure to hire ex-offenders may reflect discrimination.
Anti-Discrimination Law is the tool used to promote employment:
Public policy aims to expand jobs
Facing the Reality of Ex-Offendersin Your Workplace
How to Hire
‘Second-Chance’Workers
THE NUMBERS DON'T LIEYour labor pool includes a large number of ex-offenders.
IS HIRING ex-offenders TOO risky?If yes, it’s tempting to just exclude them.
But…
for people with criminal histories:
12 million are felony convictions
More than 1 in 4 Americans has a criminal record
Title VII FCRA EEOC Guidance
Ban the Box
Employers face a dilemma:
OR
Exclude to reduce liability in hiring….
Hire to avoid discrimination.
Excluding ALL ex-offenders is rarely feasible.And it's not the right thing to do in most cases.
Understand the point of public
policy.
Focus on the individual.
There is a path to this goal:
Title VII of the Civil Rights Act
Follow a legally-compliant
process.
Use research-based background
screening methods.
EEOC defines 2 types of discrimination
Factors in a typical lawsuit
2 LESSONS
Occurs when an employer treats an applicant or employee differently because of his or her race, national origin, or another protected basis.
Employer excludes all felons.
Members of protected classes are more likely to have felony convictions.
Therefore, they are disproportionately excluded.
EEOC files a lawsuit charging disparate impact discrimination.
Occurs when the employer’s neutral policy or practice has the effect of disproportionately screening out a Title VII-protected group and the employer fails to demonstrate that the policy or practice is job related for the position in question and consistent with business necessity.
Disparate Treatment Disparate Impact
Do standard background screening on all applicants
Do an individualized assessment if applicant has criminal history
Exclude only for job-related factors that are a business necessity
Nature and gravity of the
offense
Time that has passed since the conviction
or conduct
Nature of the job held or
sought
1
2
3
Green vs. Missouri Railroad decision (1975):“The Green Factors”
Character:
references training job performance
• Employment• Employed continuously 5 to 8 quarters• Age 27 or over• Education and training
Research on factors leading to lower recidivism rates:
At some point, the risks of hiring an ex-offender who has not been re-arrested are the same as any other
person of the same age, gender and background.
The Redemption Point
...burglary is ...robbery is ...aggravated assault is
21.8years of age
25.7years of age
22.3years of age
Research on 88,000 individuals:
The Redemption Point for...
How to Hire an Ex-OffenderEmployers have rights:
Employers need to use a consistent process:
To use background checks
To exclude applicants based on background data
Treat every applicant the same.
Background screening is crucial for ex-offenders…
...but do NOT use a blanket exclusion.
Make decisions on factors that are job-related and a business necessity.
Do individualized assessments.
Follow the FCRA consumer report process:
Notify the applicant about potential adverse action.
Make final exclusion decision only at end
of process.
Give time for applicant to refute or
explain findings.
IT’s your callHire ex-offenders or not.
The process matters either
way:
Reduce your risks:Lower negligence riskLower discrimination risk
Improve hiring quality
Hiring the right ex-offender can be good for business and good for the community.
Make better hiring decisions.www.proformascreening.com
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