ALFA submitted comments on a brief examining the effects of guidance issued by the U.S. Equal Employment Opportunity Commission. The guidance, which preempts state laws, may require senior living providers to reevaluate their use of criminal background checks in assessing job applicants.
Earlier this year, arguing that the use of criminal background checks may in some cases be considered employment discrimination under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) updated its guidance on the use of arrest and conviction records in employment decisions. The new guidance requires that businesses consider a variety of factors including the nature of the conviction, time since the conviction, and other conditions when evaluating a job applicant with a criminal history. In response to this guidance, the U.S. Commission on Civil Rights conducted a briefing to look into the effects of criminal background checks and the EEOC’s guidance on the employment of minority workers. The commission accepted comments from business and advocacy groups, government and scholars, as well as trade associations.
ALFA President & CEO Richard P. Grimes submitted written comments for the record on the difficulty the new guidance poses for senior living providers.
“Although ALFA recognizes the need to reintegrate former offenders into the job market, complying with the Equal Employment Opportunity Commission’s new guidance is difficult for assisted living providers, since we serve a vulnerable population and are governed by state laws that often prohibit hiring of those with certain criminal backgrounds,” wrote Mr. Grimes.
Requesting clarification on how the guidance should be interpreted, especially when state laws and regulations permanently exclude individuals who have committed certain barrier crimes from employment in assisted living communities, Grimes emphasized the importance of criminal background checks in pre-employment screening.
“I have no doubt that many individuals with criminal histories can be trusted to work with seniors, and I believe that those who have served their time deserve to return to the workforce. However, our senior living providers have an obligation to protect their residents above all other considerations,” he said.
For more information, read ALFA’s comments submitted to the U.S. Commission on Civil Rights.
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