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Individualized Assessment Worksheet

Document a fair-chance decision the way regulators expect: the nature and gravity of the offense, the time elapsed, the job, and the mitigating information the candidate gives you.

  • Printable worksheet
  • EEOC, California or NYC framework
  • Decision record

Not legal advice · Last reviewed Oct 2026

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Why you'd use this

An individualized assessment is a documented, case-by-case look at whether a specific record actually matters for a specific job. The EEOC's 2012 guidance built it around three factors from Green v. Missouri Pacific Railroad: the nature and gravity of the offense, the time elapsed, and the nature of the job.

California's Fair Chance Act uses the same three factors and requires the assessment in writing. New York City's Fair Chance Act requires the eight-factor analysis from New York Correction Law Article 23-A. This worksheet gives you the right factor list for each framework and a place to record the candidate's response and your reasoning.

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Using it

  1. 1

    Pick a framework

    EEOC (federal guidance), California, or New York City / Article 23-A.

  2. 2

    Fill in what you know

    Candidate, role, duties, and the record, or leave blank to complete by hand.

  3. 3

    Print and complete

    Record each factor, the candidate's response, and a decision linked to specific duties.

EEOC-listed individualized information

  • Facts or circumstances of the offense, and the number of offenses
  • Age at the time of conviction or release from prison
  • Evidence the person did the same type of work afterward without known incidents
  • Employment history, rehabilitation efforts, and references

Primary sources

Read the rules at the source. Laws and agency guidance change; last reviewed Oct 2026.

Questions people ask about this

What are the Green factors?

The nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the job held or sought. They come from Green v. Missouri Pacific Railroad and are central to the EEOC's guidance.

Is an individualized assessment required?

Required in California, New York City, and some other jurisdictions; recommended by the EEOC everywhere. It is the best evidence that a decision was job-related.

When should I complete it?

Before sending a pre-adverse action notice (California and NYC require sharing it with that notice) and again after the candidate responds.

What is Article 23-A?

A section of New York's Correction Law listing eight factors employers must weigh before denying employment based on a conviction, including the bearing of the offense on the job, time elapsed, age at the time, and evidence of rehabilitation.

General information only, not legal advice. Using this tool does not make a process compliant on its own, and federal, state, and city rules differ and change. An employment lawyer can apply them to your facts.

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