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an individualized assessment of an individual’s criminal history. 2According to theGuidance, there are two ways that an employer’s use of arrest or conviction records canviolate Title VII:1. Disparate treatment: A violation may occur when an employertreats criminal history information differently for different applicants oremployees based upon their race or national origin.2. Disparate impact: An employer’s neutral policy of excludingapplicants based upon certain criminal conduct may disproportionatelyimpact some individuals protected under Title VII. This would violate TitleVII if the exclusion is not job related and consistent with businessnecessity. CITATION?The EEOC takes the position that national data supports a finding that criminal recordexclusions have a disparate impact on race and national origin, and that a policy orpractice that excludes everyone with a criminal record from employment will not be jobrelated and consistent with business necessity. The Guidance further states that thereare two circumstances in which employers may demonstrate that a neutrally-appliedexclusion based on criminal history records is “job related and consistent with businessnecessity.” 31. Validation: An employer may validate its criminal conductexclusion for a position under the EEOC’s Uniform Guidelines on2 Id. at Sec. V.B.9.3 Id. at Sec. V.B.4.3