To amend title VII of the Civil Rights Act of 1964 to exclude the application of such title to employment practices that are in compliance with Federal regulations, and State laws, in certain areas.
Certainty in Enforcement Act of 2017 This bill amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer's, labor organization's, employment agency's, or joint labor management committee's consideration or use of credit or criminal records or information, as mandated by federal, state, or local law, to be job related and consistent with business necessity. The use of credit or criminal records shall not be the basis of liability under any theory of disparate impact. (Currently, an unlawful employment practice based on disparate impact is established if a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.)
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Timeline
Introduced in House
Referred to the House Committee on Education and the Workforce.
Introduced in House
Referred to the House Committee on Education and the Workforce.
Civil Rights and Liberties, Minority Issues
Civil actions and liabilityConsumer creditCriminal justice information and recordsEmployment discrimination and employee rightsEqual Employment Opportunity Commission (EEOC)
To amend title VII of the Civil Rights Act of 1964 to exclude the application of such title to employment practices that are in compliance with Federal regulations, and State laws, in certain areas.
USA115th CongressHR-1646| House
| Updated: 3/21/2017
Certainty in Enforcement Act of 2017 This bill amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer's, labor organization's, employment agency's, or joint labor management committee's consideration or use of credit or criminal records or information, as mandated by federal, state, or local law, to be job related and consistent with business necessity. The use of credit or criminal records shall not be the basis of liability under any theory of disparate impact. (Currently, an unlawful employment practice based on disparate impact is established if a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.)
Civil actions and liabilityConsumer creditCriminal justice information and recordsEmployment discrimination and employee rightsEqual Employment Opportunity Commission (EEOC)