SB 724 Prohibits employers from inquiring into or considering the criminal records of applicants before offering a conditional offer of employment
Sponsor: Nasheed
LR Number: 4442S.01I Fiscal Notes
Committee: Small Business, Insurance and Industry
Last Action: 1/11/2016 - Second Read and Referred S Small Business, Insurance and Industry Committee Journal Page: S98
Title: Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary

SB 724 - This act makes it an unlawful employment practice for a public employer with at least six employees to inquire into or consider the criminal record of an applicant before the applicant has received a conditional offer of employment.

Once the applicant has been offered the position, the employer may inquire into and consider whether the applicant has been found guilty of a felony or a misdemeanor. Felonies may only be considered if less than ten years have elapsed since the applicant was released from custody or supervised release. Misdemeanors may only be considered for a five-year period.

The employment offer may only be withdrawn based on an offense that bears a rational relationship to the duties of the position. In addition, this act specifies a list of factors the employer must consider before withdrawing a job offer based on the applicant's criminal record.

This act does not apply to religious or sectarian employers, law enforcement agencies, the Department of Corrections, or any position when federal or state law requires or expressly permits the review of criminal histories of applicants.

This act is substantially similar to HB 1459 (2016), HB 1864 (2016), HB 2086 (2016), SCS/SB 44 (2015) and HB 560 (2015).