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Employer Hiring Criminal History Employee

Concerning the timing of inquiring into a job applicant's criminal history.
2016 Regular Session
Business & Economic Development
Labor & Employment
Bill Summary

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.

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




Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details