Individualized assessment worksheet
Record the facts behind a job-specific review. The EEOC's Green factors help organize the review; this worksheet does not decide whether anyone is eligible for employment.
Short answer
How do you document an individualized assessment of a criminal record?
Record the nature and gravity of the offense or conduct, the time elapsed, and the nature of the job. Give the person a chance to provide relevant context or correct inaccurate information, then document a job-specific assessment. Check applicable state and local requirements with counsel before any final decision.
Assessment worksheet
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Describe the job's actual duties, work setting and access relevant to the record.
Identify the source record and final outcome. Check accuracy and whether the record may be considered.
What happened, how serious was it, and what facts are established rather than assumed?
Record the date of conduct, conviction and/or completion of sentence as relevant.
Which essential duties create a direct, concrete connection, if any?
Document the person's explanation, evidence of rehabilitation, work history, references and any accuracy dispute. Do not infer guilt from an arrest alone.
Consider narrower exclusions or role adjustments where appropriate; document why they do or do not address the concern.
Explain the evidence and job connection; do not use the worksheet as an automatic pass/fail score.
Record applicable state/local review, notice obligations and who will make the final decision.
The three Green factors
- Nature and gravity: consider the conduct and its seriousness, not only the charge label.
- Time elapsed: consider when the conduct occurred and/or the sentence ended.
- Nature of the job: compare the record to actual job duties and work environment.
The EEOC enforcement guidance discusses these factors and individualized assessment. An arrest by itself does not establish that the conduct occurred. A statutory exclusion or licensing rule may require a different analysis.
Before an employment decision
Check whether a report can be considered in the relevant location and whether the record is accurate. The FTC's employer guidance explains the notice and authorization steps and the pre-adverse and final adverse-action process when a consumer report is involved. See the adverse action timeline for related planning. State and local fair-chance procedures can add requirements.