Overview EEOC criminal history guidance and learn tips for conducting individualized assessments. On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) published guidance relating to an employer’s use of arrest and conviction records. The guidance discourages blanket exclusions of individuals who have been convicted of crimes and reminded employers that they should analyze the nature and gravity of the offense, the age of the offense, and the relationship between the job duties and the conviction through an “individualized assessment.” This guide provides practical discussion and ideas of how to fulfill this requirement.