Bill Number: HB17-1305
ACLU Position: Active Support
Sponsors: M. Foote/J. Melton/L. Guzman
The bill applies to employers with 4 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 point during the hiring process.
An employer is exempt from the restrictions on advertising and
initial employment applications when:
• The law prohibits a person who has been convicted of a
particular crime from being employed in a particular job; or
• The employer is participating in a program to encourage
employment of people with criminal histories.
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.
Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/01/2017)
Introduced In Senate - Assigned to State, Veterans, & Military Affairs (04/24/2017)
House Committee on Judiciary Refer Amended to Appropriations (04/13/2017)
Introduced In House - Assigned to Judiciary (03/29/2017)
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