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