The bill generally prohibits an employer 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 a candidate's arrests or criminal convictions until the candidate has been offered an interview or a conditional offer of employment. An employer is exempt from these restrictions when: • The law forbids a person from being employed on account of a criminal conviction or requires an employer to consider a candidate's criminal history for the job; • The employer is participating in a program to encourage employment of people with criminal histories; or • The job requires a fidelity bond and the criminal history would disqualify the candidate. An employer must keep applications for 9 months. The department of labor and employment will enforce the section with civil penalties. A violation of the restrictions does not create a private cause of action.

Year

2016

Current status

  • Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/04/2016)

Sponsors

E. McCann / M. Merrifield / L. Guzman

Bill number

HB16-1388

Position

Support