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The EEOC requires that rejection of applicants based on criminal history be "job related and business necessity;" The three methods are:- Validation studies showing criminal behavior is related to job performance or work behaviors- Screening is targeted based on: - Nature of the job - Nature of the crime - Time elapsed since conviction- Federal laws requiring rejection (e.g. security clearance)Also, employers cannot discriminate or ask for whether someone has been arrested for a crime as this does not necessarily mean they were convicted for said crime.
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