On June 10, the House Subcommittee on Workforce Protections held a hearing on the Equal Employment Opportunity Commission’s (EEOC) regulatory and enforcement practices on criminal background checks by employers. According to the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment, employers are not prohibited from conducting criminal background checks, but the use of criminal records may not discriminate against an employee or applicant.
During the hearing, witnesses testified on the importance of an employer’s ability to consider criminal history information for safety and security. Experts and lawmakers recognized the EEOC’s role in addressing employment discrimination. However, they challenged the vagueness of the Guidance and noted that federal policy may actually conflict with state laws that require criminal background checks.
NMHC/NAA continue to educate lawmakers about the need for apartment companies to have the ability to conduct criminal background checks to help them make informed employment decisions to protect apartment residents and staff.
- Tips for Better Criminal Activity Screening
- Administration Affirms Criminal Screening Can Violate Fair Housing Act
- Congress Asks for Details on HUD’s Criminal Screening Guidance
- Lawmakers Request Details on HUD Criminal Screenings Guidance
- Watch and Listen: NMHC and NAA Criminal Screening Policies Webinar