,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #edh  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bg1 #bjae  
,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 
#bjae4  #b4 ,findings ,the ,congress    
finds the following3  7#a7 ,the ,equal  
,employment ,opportunity ,commission    
7,,eeoc7 is one of several agencies     
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   
,in #aifd ,congress consciously denied  
the ,,eeoc the power to issue           
regulations pursuant to title ,,vii of  
the ,civil ,rights ,act of #aifd and has
 refrained from granting it that power  
ever since4 ,nevertheless1 like any     
other agency charged with enforcement1  
the ,,eeoc may promulgate guidance under
 the statutes it enforces1 but that     
guidance cannot require more than the   
statute it is enforcing requires and    
does not have the force of law4 ,in some
 cases the ,,eeoc's guidances have been 
rejected by the courts4  7#c7 ,in #bjab 
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 or act on  
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 the consideration or use of 
credit or criminal records or           
information1 as mandated by ,federal1   
,state1 or local law1 by an employer1   
labor organization1 employment agency1  
or joint labor management committee     
controlling apprenticeships or other    
training or retraining opportunities1   
shall be deemed to be job related and   
consistent with business necessity under
 subsection 7k77#a77;,a77i7 as a matter 
of law1 and such use shall not be the   
basis of liability under any theory of  
disparate impact4  4