ALFA Comments on EEOC’s Revised Background Check Guidance

​"Although ALFA recognizes the need to reintegrate former offenders into the job market, complying with the Equal Employment Opportunity Commission's EEOC 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 Richard P. Grimes, president and chief executive officer of the Assisted Living Federation of America (ALFA), in comments submitted in connection with a December 7, 2012, U.S. Commission on Civil Rights briefing on the impact of EEOC's enforcement guidance on the employment of minority workers. According to an article from ALFA, Grimes asked for clarification on how the guidance should be interpreted considering that many state laws and regulations—which the EEOC guidance preempts—permanently exclude individuals who have committed certain crimes from employment in assisted living. "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 wrote.