The National Council of
Investigation and Security Services

The National Voice of the Private Investigation & Security Profession

NCISS

7501 Sparrows Point Blvd.
Baltimore, Maryland 21219
800.445.8408
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Legislation Alerts

05/09/2012 - NCISS Legislative Alert - House of Representatives Votes to Halt EEOC Action on Background Checks

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.

It is a good sign that the House has made its view known on the use of background checks. Earlier, a Senate Appropriations Subcommittee asked that the EEOC make the guidance public prior to issuing the guidance. Although the EEOC did not agree to that recommendation, it is an indication that our efforts to restrict the EEOC's actions may receive support in the Senate.
 
The recent NCISS meetings with Members of Congress during "Hit the Hill" have proved very helpful to the effort. We are also continuing to work with a major coalition on this issue. The battle is far from over. 
 
Keeping the profession informed,
Jimmie Mesis
NCISS Legislative Chairman
 
NCISS 
7501 Sparrows Point Blvd.
Baltimore, Maryland 21219-1927
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