Limits On Job Applicant Criminal History Inquiries

The bill applies to employers with 15 or more employees and prohibits those employers from:

• Advertising that a person with a criminal history may not apply for a position;
• Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
• Making an inquiry about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

• The law prohibits a person who has a particular criminal history from being employed in a particular job;
• The employer is participating in a program to encourage employment of people with criminal histories; or
• The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)