No amount of standard-setting will eliminate the need to make case by-case judgments based on specific facts presented by each candidate’s background. Rarely is one fact a sufficient basis for disqualifying an individual; rather, it is generally necessary to investigate the circumstances surrounding each fact in order to make an educated determination of the candidate’s suitability, taking into consideration such factors as:
- The patterns of past behavior and specific combinations of fact and circumstances.
- The consequences if past undesirable behavior occurs again or becomes generally known.
- The likelihood of recurrence of the undesirable behavior
- The relevance of the past behavior to the job demands and requirements.
- The length of time between the particular undesirable act and the application for employment, with consideration given to the intervening behavior of the candidate.
- Positive attributes and/or behaviors that may mitigate past behaviors.
- The legal rights of the candidate.