New York Attorney General, Eric T. Schneiderman announced in April 2014 that his office has secured agreements with four of the nation’s largest consumer reporting agencies (CRA’s). The agreements prohibit the agencies from automatically disqualifying applicants with criminal convictions and require the agencies to defer hiring decisions to employers who must conduct an individualized consideration of candidates in accordance with New York State law. Under the agreements, New York law now makes it illegal to automatically disqualify job applicants based solely on criminal history.
Just as the Ban the Box Legislation is sweeping across the nation, so is the EEOC recommended Individualized Assessment (IA) rapidly becoming a vital tool for employers throughout the U.S. Before disqualifying a candidate because of the applicant’s criminal record, employers should be prepared to conduct the case-by-case Individualized Assessment of job applicants.
The IA should include, for example, the nature and gravity of an applicant’s criminal conviction; its bearing, if any, on the specific responsibilities of the job sought; the time that has elapsed since the conviction; the age of the applicant at the time when the offense was committed, evidence of rehabilitation, and other critical items.
POE is conducting these assessments for our clients. They are labor intensive, in depth, yet inexpensive. POEknows the IA. Let us help. Contact Damian.