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HB19-1025:Limits On Job Applicant Criminal History Inquiries

Criminal Justice
Bill Number: HB19-1025
Year: 2019
ACLU Position: Support
Sponsors: J. Melton,/ L. Herod /M. Foote / R. Rodriguez

Description:

The bill prohibits 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
• Inquiring about an applicant’s criminal history on an initial
application.
An employer may obtain a job applicant’s criminal history 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 anti-discrimination laws. The department is directed to adopt
rules regarding procedures for handling complaints against employers.


Current Status:

Introduced In Senate - Assigned to Judiciary (03/01/2019)
House Third Reading Passed - No Amendments (2-28-19)
House Second Reading Passed with Amendments - Committee (2-26-19)
House Committee on Appropriations Refer Amended to House Committee of the Whole (2-22-19)
House Committee on Judiciary Refer Amended to Appropriations (01/29/2019)
Introduced In House - Assigned to Judiciary (01/04/2019)



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