Certainty in Enforcement Act of 2017

Certainty in Enforcement Act of 2017

This bill amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer's, labor organization's, employment agency's, or joint labor management committee's consideration or use of credit or criminal records or information, as mandated by federal, state, or local law, to be job related and consistent with business necessity.

The use of credit or criminal records shall not be the basis of liability under any theory of disparate impact. (Currently, an unlawful employment practice based on disparate impact is established if a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.)