Legislation Postings Listed - 3
House of Representatives Votes to Halt EEOC Action on Background Checks
The US House of Representatives late Wednesday voted to deny the Equal Employment Opportunity Commission (EEOC) funds necessary to carry out the recently issued employer guidance on the use of criminal background checks. The provision was added as an amendment to the Commerce, Justice and State appropriations bill. That bill also funds independent agencies, including the EEOC. Here is the specific language of the amendment:
"SEC. 542. None of the funds made available by this Act may be used may be used to implement, administer,or enforce the Equal Employment Opportunity Commission (EEOC) Enforcement Guidance Number 915.002 concerning consideration of arrest and conviction records in employment decisions."
As reported earlier, the new guidelines are problematic for employers. They essentially put the burden of proof on employers to show that the use of background checks does not create a disparate impact on minority job applicants or that the specific job requires such a check.
The appropriations bill, including this amendment to limit the EEOC's ability to carry out the employer guidance, still must pass the Senate and get a presidential signature. The President has already threatened to veto the bill because of what he considers inadequate funding levels and some other amendments limiting EEOC actions. It is not clear that he would carry out the veto threat.