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HR 1646 115th Congress House

Certainty in Enforcement Act of 2017

Official title: To amend title VII of the Civil Rights Act of 1964 to exclude the application of such title to employment practices that are in compliance with Federal regulations, and State laws, in certain areas.

Introduced: March 21, 2017 Introduced by: Walberg, Tim Republican · Michigan See on congress.gov
Civil Rights and Liberties, Minority Issues Civil actions and liabilityConsumer creditCriminal justice information and recordsEmployment discrimination and employee rightsEqual Employment Opportunity Commission (EEOC)
This bill died when the 115th Congress ended
It never became law before the 115th Congress (2017–2018) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 21, 2017
Referred to the House Committee on Education and the Workforce.
Mar 21, 2017
Introduced in House
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 Latest action March 21, 2017

Referred to the House Committee on Education and the Workforce.

 Plain-English summary Congressional Research Service

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.)

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 1646: Certainty in Enforcement Act of 2017. 115th Congress. Open America. https://openamerica.io/bill/115-HR-1646/
MLA
"H.R. 1646: Certainty in Enforcement Act of 2017." 115th Congress, 2026, Open America, https://openamerica.io/bill/115-HR-1646/.
Bluebook (legal)
H.R. 1646, 115th Cong. (2026), https://openamerica.io/bill/115-HR-1646/.
Markdown link
[H.R. 1646: Certainty in Enforcement Act of 2017](https://openamerica.io/bill/115-HR-1646/)
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