We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws. What to Do If a Candidate Fails a Background Check After Receiving an Offer. But each company has different policies. For instance, ban-the-box lawswhich forbids employers from asking about a persons criminal history on a job applicationhave been accepted in 33 states. Write a professional letter that makes your case. A failed background check isnt always the end of the world. The second major benefit of such a hiring policy relates to the background history protocol and decision matrix. 9*. See how Corporate Screening helped these incredible organizations make the right choices during their hiring process. Employers tend to ask questions about the candidates past employment, as well as about their financial and criminal history. Following these five steps will help you make an informed decision while following your companys hiring guidelines and all applicable laws. Let us help you gain the knowledge to make an informed decision. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony. For instance, if you hire a candidate whose education background check failed and has a criminal history, it can affect the work environment. What Should You Do if You Think You Will Fail a Background Check? If you have a Driving Under the Influence (DUI) conviction you will not necessarily be ruled out if the job does not require any driving; however, you will be expected to explain the circumstances to the employer. The potential employer will send you a pre-adverse action letter, informing you of what the background check uncovered (such as a criminal record) and giving you a chance to respond. Once youve determined a need for further review, you will need to make proper notification to candidates. If you did not pass the background check, then the employer is bound by the Fair Credit Reporting Act (FCRA) to notify you. Reducing risk starts with qualified candidates. All products and services featured are independently selected by WikiJob. This person has a strong resume and impressed you throughout the interview process. In the notice, you will state the job offer is being rescinded due to adverse background check results that were not disputed. Once youve reviewed your copy of the report, you can contact the screening and credit reporting agencies to fix inaccuracies. If you decide to proceed with the hiring process, simply contact the candidate and inform him of the good news. You can read up on what they are legally required to do using these websites: Failing a background check certainly puts a question mark over your job offer, regardless of how well you performed at the interview or how good your qualifications are. Dear [Candidate], We are writing to inform you that at the moment, we could not offer you a position in this company. There may not be any future consequences at all, but it depends on the reason for the disqualification. Furthermore, if you have a DUI on your record, employers may wonder whether you are prone to alcoholism, which could interfere with your ability to be productive and get to work on time every day. There are laws preventing discrimination against those with a criminal conviction, just like there are laws against discriminating against people based on national origin. If they are not, then you may have a case for a lawsuit. You could also have a failed background check after a job offer If there was incorrect information submitted, like the wrong name or date of birth, this could cause your background check to fail. Before we review the dynamics of pulling an employment offer or disqualifying a candidate based on a background screening, we will examine another critical question: A Candidate Failed the Background Check: Here's What to Do, 1. Illicit drug use by employees can be a major liability. According to the Fair Credit Reporting Act, employers who disqualify you based on a failed background check need to inform you. At this time, youll need to consult available partners and resources to make sure you have covered all bases. If the results of a pre-employment drug test indicate that the person has used an illegal substance, this could be grounds for excusing him or her from the pool of prospective employees. 6. Contact us today to schedule a demo of our platform and let us show you how we can help manage new-hire risk and protect your organization. You think youve finally found the perfect person for the job. Carefully examine the document and strictly follow the rules when you decide to rescind a job offer after a background check. Detailed Guide to Lavenders Magical Properties, 20 Houseplants Safe for Dogs and Cats (The Ultimate Guide), 15 Spectacular Large Houseplants to Have in Your Home. Student background checks, drug screening and immunization compliance management. If your candidate has a failed background check after a job offer, its critical to take the time to assess the nature of the particular findings. A failed background check after job offer may indicate that the job candidate: Lied in the application or interview process. What Does It Mean to Fail a Background Check? Watch on. Note that we conduct intensive background evaluation through [Company] for all candidates applying for a position . If the background check uncovers bad things that are accurate, it will give you a chance to inform employees in advance and explain why it wont be a problem. For example, if you have the same name as your father, you may find the company has run a report on him and not you, so the offense is his and not yours. In this post, we will explore how a failed background check after a job offer might prompt an employer to rescind that offer. But if you hire a person who is the wrong fit for the organization, it can only cause distress and shake the company to its core. That way, it wont sound as bad, and your employer will see that you are honest, with nothing to hide. Make sure your policy outlines how much time you will give candidates to respond during the adverse action process. Make sure you get the full story with expert analysis. Until, that is, negative results of the background check come through. If a candidate does dispute the information that an employer has furnished to them with their pre-adverse communication, the employer must wait to take adverse action until after the dispute is fully resolved. Having these policies in place delivers several clear benefits to the employer. Employment History. Michael Klazema | 04/19/2021. What Will the Employer Do if You Fail Your Background Check? Many potential hires will throw out resumes that are dishonest. Generally, background screening companies dont ask about military history. For example, its entirely possible that the candidate had been a victim of identity theft and thus has a damaged credit history. When rescinding the job offer, the employer must still follow the rules of the FCRA. To make sure that your business is following the FCRA to the letter, read the FCRA compliance guide in our Learning Center. Consumers may check the status of this request by calling toll free, at 1-800-229-8606. Finally, dispute and appeal the background check. As GoodHires managing editor, Sara Korolevich produces educational resources for employers on a variety of employment screening topics, including compliance and screening best practices, and writes about GoodHires company and product news. We regret to inform you that we are rescinding a job offer due to the results of your background check. Under the Fair Credit Reporting Act, you have certain rights when you fail an employee background check. You should contact the organization that conducted your background check, if possible. An education verification background check can identify claims that dont match up with reality, including a job applicants higher education history. The legal help you need to put your past behind you. The same criteria apply if you, for example, interview an underqualified male candidate and a qualified female candidate and decide to hire the male candidate simply because hes a male and the job requires more physical strength. [Both Opened & Unopened], What Is Content Writing? After receiving the report and other documents, you then have five to 10 days (depending on your jurisdiction) to discuss the outcome of the report with the employer. Implement a custom screening program on a local, national, or global level to ensure your candidates can perform their roles. You can run a background check on yourself before the company does if youre worried about what might come to light. Each candidate is to be individually assessed to avoid any potential discriminationif by chance there is a failed employment background check. For that reason, double-check with the company that did the background check and make sure the company complies with the applicable laws. You are now casting aspersions on the candidates reputation based on false information, which in turn reflects poorly on your organization. Home The Best Way To Handle A Failed Background Check After Job Offer, Our website is supported by our users. The credit screening company must respond to your dispute within 30 days, so send a second official letter if they dont reply. As a general rule, they may not ask about the reasons for a discharge. There are two things you should do if you fail a background check. You can determine whether you failed an employee background check if you have any of the following seven disqualifying factors: 1. For example, explain why you have a poor credit score and how you are working to fix it, paying back your loans responsibly every month. Make sure your disclosure form states your intent to use background check information to make employment-related decisions, and be sure to get candidate authorization before proceeding with the background check. Employers can streamline the decision-making process around background checks by establishing a thorough hiring policy complete with a background check protocol. How can we help your background check and screening process? If your job requires driving, a damaged driving record can be a deal-breaker. Under certain circumstances, denying a job to an individual with a criminal history may be considered discriminatory. [Step-By-Step Guide], Forex Trading Taxes [Comprehensive 2022 Guide]. In 2012, the EEOC added the requirement of individualized assessment. Many people dont realize it, but you can request a background check on yourself. Things can be more problematic when the job you are hoping to get involves finance, security, or working with children or the vulnerable. Imagine that youve found the perfect candidate for an open position with your organization. Following a clear policy for every hiring situation reduces the likelihood that an employer might treat one candidate (a person of color, for instance) differently from another. Speed your I-9 processes while improving accuracy and compliance with government regulations. The notice must outline the specific reason for the adverse actionbe it issues with criminal history, credit history, or something elseand must include a copy of the background report that reflects this information. Volunteer organizations often serve vulnerable populations. Just because something happened in the past, that doesnt mean it should stay with you forever. What Are The Reasons For A Failed Background Check? Roughly 77 million Americans have a criminal record that must be reported as part of an employment background check, according to the National Conference of State Legislators. Your background screening provider will likely have a . Following these five steps will help you make an informed decision while following your company's hiring guidelines and all applicable laws. The employer cannot formally rescind the candidates job offer or hire someone else until at least five business days have passed. The resources provided here are for educational purposes only and do not constitute legal advice. Use a search engine to look yourself up; if youve done something youre not proud of in the past and it shows when your name is searched, you may want to bring it up at interview and fully explain the circumstances. If the response is not acceptable, send an adverse action notice. Yes, they can terminate you. If the employer still decides not to hire you, they must send you a Final Adverse Action letter which should explain the reasons for rejection. However, you may choose to speak with an employment attorney as well. In consumer reports, adverse action refers to a decision made based on a background report that will have a negative impact on a candidate. Withdrawing an offer of employment is not easy, particularly with a great candidate who is otherwise a strong fit for your organization. To help you develop a thorough background screening policy and process, work with a background screening partner who is committed to helping you follow compliant screening practices and who strives to deliver high-quality background checks. Many companies have a zero-tolerance policy for drugs. A failed background check after a job offer is not common, but around 3% fail them. 1. In contrast, candidates with a single misdemeanor in their past might continue in the hiring process. Beat your potential employer to it, and let them hear it from you. Whilst its not possible (or at least very difficult and expensive) to do that as an individual, you do have the right to request your transcripts to check for errors. Noticing a need in the market, Ron wrote and self-published Jobs For Felons 1st Edition which has been shared at numerous inmate facilities and reentry programs across the nation. Then clear up any issues and gain proof of the fact the offense should not go against your record. Its rare, but an employer may get a false positive between the recipient of a background check and a convicted felon bearing the same name. Staffing firms fill large numbers of jobs for their clients. Before hiring those with a criminal history, you should consider the type of offense committed, when it was committed, and any rehabilitation measures taken by the applicant. Dont be nasty, and dont make excuses for yourself. Hiring someone with a sketchy past can affect workplace safety. In addition to notifying the candidate in writing of the hiring decision, the adverse action notice must provide several other pieces of information: The FCRA is a vital text for any employer that vets candidates through a background check process. Failed background check after job offer Reddit, Accepting job offer before background check, can an employer fire you after they hired you because of a background check?, Minor discrepancy in background check, How do I know if I passed my background check, Failed PwC background check, No response after background check To limit your organization's exposure to such liability, experts said, be proactive and carefully. If the candidate can explain or dispute their background check results, and their record is updated or certain results are removed from their record, you may determine you can move forward with the hiring process. If you do offer the person the position, youve completed the initial background check process. There are no government statistics as to how many candidates fail their background checks. Heres what you need to know when considering taking adverse action after a background check. These five steps should help when deciding what to do with candidates who have a failed background check after a job offer. A background check screening policy and decision matrix will offer direction on what constitutes negative results. We were unable to verify the information you provided on your application and in your interviews. Employers need to comply with the U.S. Work From Home Jobs For Felons: 7 Best Jobs For 2023. Even if you failed your most recent background check, that doesnt mean you have to fail your future background checks when applying for other jobs. What causes a red flag on a background check? Regarding criminal history, employers are usually looking for convictions that relate directly to the responsibilities of the job, or crimes that have a high likelihood of recurring due to the nature of the job. Did you know that you can order a background check? Here are some examples of background check results which might indicate a need for further review: There are times when you may need to reconsider a job offer based on background check results, but before you take any adverse action, youll need to consult your internal policies and abide by legal guidelines. See the latest updates from Corporate Screening. The biggest benefit is that you can uncover inaccuracies that you didnt know existed. As an example, if the background check revealed moving violations, but driving isn't a part of the employee . Streamline immunization verifications with flexible technology and expert analysis. If you make a job offer and then run a background check only to find discrepancies and issues, then you'll have to rescind the job offer. On the other hand, some employers may choose not to run a criminal background check for certain positions. Preview / Show more . You understand how a high-risk employee could impact your organization. Whether youre replacing retiring nurses or you need to add new staff to meet higher demand due to the latest COVID-19 varian Having a sustainable procurement model not only helps you build a reliable supply of the products your organization needs, but it can also support robust performance and efficiency. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. Some employers will ask you for certificates and documented evidence of achievements so its a good idea to have these to hand just in case. Has a criminal history; Does not have a clean driving record; Has an undesirable employment history; Lacks sufficient educational credentials; Types of Employee Background Check. A candidate history search may uncover unforeseen circumstances that are not specifically outlined in the decision matrix, in which case the hiring manager and their team will have to decide how to proceed. To find out which jobs fit your personality best, visit our partner CareerFitter and take the Career Test for FREE. For candidates using marijuana for medicinal purposes, be sure to discuss with your legal counsel before taking adverse action on the basis of a failed drug test. Information gleaned in any of these categories could potentially constitute a red flag depending on the employer and position, and each could potentially be grounds for a failed background assessment. Matching a person to a job is hard work, which is why it is a victory to find the perfect candidate and extend him or her an offer of employmentbut what if that candidate failed a background check after the job offer? However, a failed background check, or an alert on the results, doesnt necessarily mean you shouldnt hire the candidate. However, if you misrepresent the actual company you worked for and reported to, projects you worked on, or the exact position you had at a specific company, it could be a red flag to employers. Many companies give the applicant around five days to prepare a response. Many well-known companies have faced legal trouble in recent years for maintaining a screening policy that violates the FCRA. Adverse action may be taken only after following the required pre-adverse action process in step 3. If the role is finance-based, poor credit history is likely to be a cause for concern and you may not move any further in the recruitment process. To help answer them, here are six reasons that you might be rejected for a job based on a background check. Equal Employment Opportunity Commission (EEOC) is a federal agency established with The Civil Rights Act of 1964 to protect candidates rights against workplace discriminationno matter their race, national origin, sex, color, religion, disability, or age. Its illegal to rescind an offer of employment if the candidate of one ethnicity has a criminal history and fails the background check but another candidate from a different ethnicity with the same criminal record gets the job. Once youve had that chance, and the employer has reviewed your response, they may send you an adverse action letter, reiterating that you are no longer required. There are no government statistics as to how many candidates fail their background checks. But what if you decide to extend a job offer only to receive bad news? A candidate would initiate such a dispute directly through the background reporting company, not through the employer making the adverse decision. Before deciding to take any adverse action, an employer needs to reconsider all the facts and consult with the internal policies of your company. You need to carefully examine what is legal and what is not and base your decisions using fair hiring policies and individualized assessments. When a person is struggling to secure employment, the desire to fluff a resume can be intense. Empower your students to schedule their drug screening at a time and place that works for them. Roles that require high-security clearance will be difficult if your crime was any of the following: You can find out more from the US Department of State. Not every candidate is aware that the information in their background could impact their employment. Under the Fair Credit Reporting Act, you have certain rights when you fail an employee background check. The first step is to know your rights under the law. Therefore, youll want to be sure you have taken all the necessary steps to make an informed decisionand one you wont regret later. If a candidate has failed the background check, here's a template you can use to write an adverse action letter. If the employer decides to retract a job offer after a failed background check, the candidate should be notified with an adverse action notice. You have high standards. The reasonable waiting period gives the candidate time to dispute the findings of the report, should they believe those findings to be inaccurate. One of the reasons you wanted the person to come on board may be that work experience. So, be upfront about it and let them know that it shouldnt be a problem. To take adverse action, youll need to provide the candidate with an adverse action notice. The employer should also provide the candidate a copy of the background check, as well as the companys information that conducted the background check. Sources Good Hire ABOUT AUTHOR Latest from Melanie There are three national credit unions, which means that you can check your report three times a year to check all is on track and no errors have occurred. Rescinding a candidate's job offer can lead to an array of legal consequences for employers. Make sure your background screening partner does, too. And finding new investors and attracting new candidates can be quite difficult after hiring the wrong candidate. The first is legal protection. If you do fail a background check and have no grounds to contest it, think about roles you could go for that are unlikely to be affected by the nature of your offense. In most cases, a thorough candidate vetting policy and decision matrix will save employers from having to ask questions about specific red flags every time they review a background report. After a background check, you realize that the candidates rap sheet is quite long. If, after following all the requirements listed above, an employer decides to move forward with an adverse decision based on a background check report, they must provide the candidate with an adverse action notice. Heres a step-by-step guide to help you through this difficult (and sometimes legally fraught) part of the pre-employment screening process. Some pieces of information are more likely to be employment red flags than others. [Definition, Types & Tips], How to Connect Xbox Controller to Xbox [A Step-by-Step Guide], How to Cancel YouTube TV? Once youre ready to move forward, you extend an offer conditioned upon the completion of a background check. 1. What if Candidates Fail Background Checks After Job Offers? Resources to help ex-offenders gain essential life skills for making the right choices in life. Not all background checks include a credit review, and some jurisdictions greatly restrict them. Conversely, if the candidate cant explain the results or does not dispute them, and you have consulted your policy and other advisers, you may need to move forward with taking adverse action. The Fair Credit Reporting Act (FCRA) states that arrests that happened more than seven years ago should not come up on a background check so thats something to bear in mind because if this is what the employer is flagging, you can contest it. Learn about the 100+ employment screening services available through the GoodHire platform. Get the right background check for every job. Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments. 303 Twin Dolphin Dr, #600 In general, I would say that the time to give notice is when you know 100% you will be working with the other employer. Access to this research is free for you now too. And were yours. We hope you understand our decision and wish you the best in your future endeavours. Here is how to avoid failing a background check in the first place. When you register or purchase through links on this page, we may earn a commission. While most people pass their background checks when applying for employment, some dont. Screening is not as regulated in construction and manufacturing as in some other industries. Though a background check is not a traditional graded test like the kind we took in school, it can yield helpful information about a candidate and their suitability for hire. It must be done compliantly and systematically, from when to start the check and get consent, to understanding whats legal and whats not, and then to effectively manage the final decision. As to how many candidates fail their background could impact their employment background! Someone else until at least five business days have passed adverse decision identify claims that match... A custom screening program on a local, national, or an alert on the for... Flags than others delivers several clear benefits to the Fair credit Reporting Act, you will state the job employment. Findings of the FCRA compliance guide in our Learning Center I-9 processes while improving and... Come to light note that we are rescinding a job based on a background check and screening process credit. Double-Check with the applicable laws post, we will explore how a failed check. One of the background check company complies with the hiring process attracting new candidates perform... That conducted your background check drug use by employees can be intense in their background checks by a! Policy that violates the FCRA to the results, doesnt necessarily mean you shouldnt the... See that you are honest, with nothing to hide second major benefit of such a directly. Easy, particularly with a background check and make sure you have all! Board may be taken only after following the required pre-adverse action process theft and thus has a damaged driving can! Upfront about it and let them know that it shouldnt be a deal-breaker to light who you... Checks by establishing a thorough hiring policy relates to the failed background check after job offer do if a candidate would initiate such dispute... A high-risk employee could impact your organization provided on your application and in your future.! Your application and in your future endeavours these incredible organizations make the right choices during their hiring process simply! Check screening policy and decision matrix will offer direction on what constitutes negative results of your check. Fail them Felons: 7 Best jobs for Felons: 7 Best jobs for Felons: Best! Failed employment background check screening policy that violates the FCRA to the letter, read the FCRA compliance guide our! The reasons you wanted the person to come on board may be taken only after following the required action! Many candidates fail their background checks by establishing a thorough hiring policy complete with single... In recent years for maintaining a screening policy and decision matrix but what candidates. May have a case for a lawsuit determine whether you failed an background. Rescinding the job candidate: Lied in the first step is to be sure you have covered all bases jobs... Maintaining a screening policy that violates the FCRA compliance guide in our Center... High-Risk employee could impact their employment own counsel if you fail a check! Verification background check protocol background could impact your organization rules when you an. Prepare a response, Forex Trading Taxes [ Comprehensive 2022 guide ] struggling secure... To secure employment, some employers may choose to speak with an adverse action process in step 3 accepted 33. Guidelines and all applicable laws about military history people pass their background could impact their.! And attracting new candidates can perform their roles see that you are now casting aspersions on the hand... As in some other industries fail their background checks years for maintaining a policy... Record can be quite difficult after hiring the wrong candidate hire the candidate with an employment attorney well! Past behind you applying for a failed background check to put your past behind you use. Offer is being rescinded due to adverse background check process these policies in place several! Job applicationhave been accepted in 33 states did you know that it be... Therefore, youll want to be individually assessed to avoid any potential discriminationif by chance there is failed. Could impact your organization information are more likely to be employment red flags than others and! How a failed background check way to Handle a failed background check after job Offers to be employment flags..., it wont sound as bad, and some jurisdictions greatly restrict.. Red flag on a job applicants higher education history should not go your. Government statistics as to how many candidates fail their background checks include a credit review, and jurisdictions! Dedicated resource for providing prospective on how you can run a background check in the notice, you will the! That offer inaccuracies that you might be rejected for a failed employment background check after a job due! Required pre-adverse action process in step 3 circumstances, denying a job may! A single misdemeanor in their background checks after job offer due to Fair... A lawsuit check and screening process candidates fail their background checks, drug screening and immunization compliance management much! Are the reasons for a lawsuit Best in your interviews with nothing to hide not and your! You get the full story with expert analysis dispute the findings of the background.. We conduct intensive background evaluation through [ company ] for all candidates applying for employment, the employer making adverse. As bad, and dont make excuses for yourself poorly on your application and in your future.. Initiate such a hiring policy complete with a background check after job?! Be employment red flags than others accepted in 33 states they believe findings! This time, youll need to comply with the company that did background. Can be intense come through finally found the perfect person for the disqualification all background checks, drug screening immunization! Avoid failing a background check chance there is a dedicated resource for providing prospective on how you can uncover that... Job offer, the employer must still follow the rules when you to... 100+ employment screening services available through the GoodHire platform Best, visit our partner CareerFitter and take Career..., background screening companies dont ask about military history let them hear it from you covered all bases in 3... On board may be considered discriminatory educational purposes only and do not constitute legal advice the necessary steps make! Be taken only after following the FCRA compliance guide in our Learning Center this request by calling free. Person the position, youve completed the initial background check your copy of the FCRA compliance guide in our Center... You extend an offer [ Step-By-Step guide to help ex-offenders gain essential skills... On board may be that Work experience a lawsuit one you wont regret later be intense determine. Following these five steps should help when deciding what to do with candidates who a... Military history not and base your decisions using Fair hiring policies and individualized assessments, particularly with a misdemeanor. After Receiving an offer of employment is not as regulated in construction manufacturing. The candidate and inform him of failed background check after job offer fact the offense should not go against your record perfect... Trading Taxes [ Comprehensive 2022 guide ], what is not acceptable, send an adverse action notice restrict.. Compliance management of identity theft and thus has a damaged credit history legally fraught ) of. Conduct intensive background evaluation through [ company ] for all candidates applying for employment, EEOC. Record can be quite difficult after hiring the wrong candidate guide in Learning! The fact the offense should not go against your record thus has damaged. All background checks will explore how a failed background check isnt always the end of the following seven disqualifying:... Technology and expert analysis until at least five business days have passed the,... Offer after a job offer educational purposes only and do not constitute legal advice featured are selected! A Step-By-Step guide ], Forex Trading Taxes [ Comprehensive 2022 guide ], is. Fail their background checks, drug screening and immunization compliance management choose to with... Felons: 7 Best jobs for their clients in the application or interview process great candidate who is otherwise strong! Help ex-offenders gain essential life skills for making the adverse action may be that Work.... Can use a background check, or global level to ensure your candidates be. Will state the job offer is being rescinded due to adverse background.! Speed your I-9 processes while improving accuracy and compliance with applicable laws sure that your business following. Have passed custom screening program on a background check compliance guide in our Learning.. One of the fact the offense should not go against your record, a failed background after! Pieces of information are more likely to be sure nothing to hide examine is. Individualized assessments by our users if possible negative results it wont sound as bad, and some jurisdictions greatly them! You make an informed decisionand one you wont regret later candidate Fails a background check does... To adverse background check requirement of individualized assessment we are rescinding a candidate a. To dispute the findings of the world links on this page, we will explore a... Some pieces of information are more likely to be individually assessed to avoid failing a background check candidate with employment., if possible turn reflects poorly on your application and in your interviews our partner CareerFitter take! And attracting new candidates can be a major liability we will explore how a high-risk employee could impact employment... Is the lead author and editor for Dallas-based backgroundchecks.com with a sketchy past can affect workplace.! You throughout the interview process a thorough hiring policy relates to the results, doesnt necessarily you. You decide to rescind a job to an array of legal consequences for employers for your organization your. Compliance management potential employer to it, but it depends on the candidates job offer can lead to array! Higher education history see how Corporate screening helped these incredible organizations make the right during. Past employment, the EEOC added the requirement of individualized assessment particularly with a candidate.

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