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January 21 2015

Ban the Ban-the-Box? Proposed Law May Clarify Background Check Dilemma in Regulated Industries

"Congress has proposed legislation that protects certain employers when they seek to comply with the laws that regulate their industries. The ""Certainty in Enforcement Act of 2014"" would prevent the EEOC, state agencies and plaintiffs' attorneys from claiming that certain employers are engaged in an unlawful employment practice when acting in accordance with federal, state or local laws. The proposed legislation notes that covered employers may include, but are not limited to, those engaged in health care, childcare, in-home services, policing, security, education, finance, employee benefits, and fiduciary duties. Rather than engaging in a preemption-style evaluation and analyzing whether one federal or state law trumps another regarding these background check-related issues, employers may want to seek legal guidance to help them evaluate the risks. Having the right processes in place can go a long way to helping employers maximize their defenses to hiring-related claims. "