EEOC Examines Employee Screening 

The Equal Employment Opportunity Commission (EEOC) is re-examining employers’ consideration of criminal records for screening job applicants and some current employees. NAA/NMHC are urging the EEOC to refrain from limiting an employer’s ability to conduct neutrally-applied criminal background checks that are job-related and consistent with business necessity. We have explained that criminal history is an important tool that can help apartment companies make informed employment decisions that protect both workplaces and residents.

Jacqueline A. Berrien, Chair of the EEOC, has expressed concern that background screening may discriminate against some groups protected by federal civil rights laws enforced by the EEOC.

Relatedly, legislation (HR 321) has been introduced in the House to amend the Fair Credit Reporting Act to restrict the use of consumer reports in most employment decisions, but the bill has not been considered.

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