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Employee Criminal Background Checks

Issue Summary Overview

NAA/NMHC Issue Fact Sheet - The apartment industry has a compelling need to consider employees’ criminal backgrounds to protect apartment residents and reduce the risk of violence, theft and fraud.  As lawmakers and regulators further examine this issue, we urge them to recognize the need for apartment firms to make informed employment decisions.

 

Recent Issue News

Obama Initiatives Provide Housing Support for Ex-Offenders - President Obama announced a series of initiatives on Nov. 2 to help previously incarcerated individuals obtain employment and housing. Part of the plan focuses on new policies in public and federally-assisted housing to ease barriers for those with criminal histories.

New Hiring Laws May Restrict Background and Credit Checks - Some states have begun to update their hiring laws to prohibit background and credit checks before the interview process; they're also limiting the questions employers can ask during the interview. Apartment-community managers and owners should be aware of current and impending legislation to make sure their hiring practices are in line.

Employee Criminal Background Checks Get First Hearing in the 114th Congress- Legislation that would make employers’ use of credit or criminal records a job-related and business necessity got its first hearing in a House Committee on Education and the Workforce Subcommittee meeting on March 24.  Introduced by Workforce Protections Subcommittee Chairman Tim Walberg (R-MI-7), H.R. 548, the “Certainty in Enforcement Act of 2015,” would also prohibit the use of this information as the basis for disparate impact liability.