,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #edbc  ,,in ,,the ,,house ,,of  
,,representatives  ,september #i1 #bjad 
,mr4 ,walberg 7for himself1 ,mr4        
,rokita1 and ,mr4 ,hudson7 introduced   
the following bill2 which was referred  
to the ,committee on ,education and the 
,workforce  ,a ,,bill  ,to amend title  
,,vii of the ,civil ,rights ,act of     
#aifd to exclude the application of such
 title to employment practices that are 
in compliance with ,federal regulations1
 and ,state laws1 in certain areas4  #a4
 ,short title ,this ,act may be cited as
 the ,certainty in ,enforcement ,act of 
#bjad4  #b4 ,findings ,the ,congress    
finds the following3  7#a7 ,the ,equal  
,employment ,opportunity ,commission    
7,,eeoc7 has1 since #aife1 been         
responsible for enforcing ,federal laws 
against employment discrimination1 but  
there are growing concerns about the    
enforcement and policy approach adopted 
by the ,,eeoc1 raising questions about  
whether the best interests of workers   

and employers are being served4  7#b7   
,the ,,eeoc may promulgate guidance     
under the ,civil ,rights ,act of #aifd1 
but that guidance does not have the     
force of law1 and in some cases has been
 rejected by the courts4  7#c7 ,in      
#bjab1 the ,,eeoc promulgated           
enforcement guidance regarding the use  
of criminal background checks that put  
employers in the position of acting     
contrary to ,federal1 ,state1 and local 
laws that require employers to conduct  
criminal background checks for certain  
positions1 such as public safety        
officers1 teachers1 and daycare         
providers4  7#d7 ,in ,,eeoc v4          
,peoplemark1 ,inc41 a case challenging  
,peoplemark's use of criminal background
 checks in making employment decisions1 
the ,court of ,appeals for the ,sixth   
,circuit in ,october #bjac affirmed an  
award of #gea1idb against the ,,eeoc for
 prevailing defendant ,peoplemark's     
attorney's and expert fees4  7#e7 ,in   
,,eeoc v4 ,kaplan ,higher ,education    

,corporation1 a case challenging        
,kaplan's use of credit reports in the  
hiring process1 the ,court of ,appeals  
for the ,sixth ,circuit affirmed the    
district court's decision granting      
summary judgment in favor of ,kaplan and
 stated that the ,,eeoc brought a case  
on the basis of a homemade methodology1 
crafted by a witness with no particular 
expertise to craft it1 administered by  
persons with no particular expertise to 
administer it1 tested by no one1 and    
accepted only by the witness himself4   
#c4 ,amendment ,section #gjc of the     
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#b7 is amended by     
adding at the end the following3  7o7   
,notwithstanding any other provision of 
this title1 it shall not be an unlawful 
employment practice for an employer1    
labor organization1 or employment       
agency1 or for a joint labor management 
committee controlling apprenticeships or
 other training or retraining           
opportunities1 to engage in an          

employment practice that is required by 
,federal1 ,state1 or local law1 in an   
area such as1 but not limited to1 health
 care1 childcare1 in-home services1     
policing1 security1 education1 finance1 
employee benefits1 and fiduciary duties4
  4