Document dated Apr. 21, 2025, was received on May 16, 2025, due to a fixed feed.
Legislative Provisions
Employer may not automatically exclude someone with a criminal record from a job; employer must make a conditional offer prior to obtaining info about criminal record.
An employer's ability for tangible adverse employment action based on criminal history is limited; prohibited bring action based on arrest record or juvenile conviction record.
Employer may carry out action based on adult conviction if legitimate business reason.
If employer believes in good faith that nature of criminal conduct in conviction record will have a negative impact on employee's or applicant's fitness, ability to perform.
Prior to carrying out a tangible adverse employment action based on an conviction record employer must notify applicant, employee, identify, specify record used.
Employer must hold position open for at least two business days to give applicant or employee a reasonable opportunity to correct, explain record, provide information.
If the employer makes tangible adverse employment decision, the employer must provide a written decision that must include specific documentation of its reasoning.
Assessment of relevant factors, impact of conviction on position, business operations, employer's consideration of applicant's, employee's rehabilitation, good conduct.
Legislative History
On Jan. 30, 2025, bill introduced into House; on Mar. 11, 2025, bill passed House.
On Mar. 13, 2025, bill introduced into Senate; on Apr. 10, 2025, bill passed Senate.
On Apr. 16, 2025, delivered to governor; on Apr. 21, 2025, signed by governor, Ch. 71.
