Employers would follow limits when using criminal records in employment

Employers would have to limit which criminal records they consider and follow a review process before making an adverse employment decision. The rules cover applicants and people already working in a position, as well as contractors under the bill's definition of an individual. They apply only when another federal or state law does not bar the person from that position based on criminal history. Employers could not ask about or consider cases that ended without a conviction, juvenile delinquency findings, summary offenses, or expunged or pardoned cases. Federal or state laws that bar a person from a position based on criminal history would take precedence. A conviction may be considered only within seven years of the arrest date or release from incarceration, whichever is later. An employer must provide the record at least seven days before making a final decision.

The Department of Labor and Industry would investigate credible complaints, enforce the rules, and assess fines for violations. These provisions concern employers and alleged violations of the section or department rules made to carry it out. The department could order an employer to correct a violation. Fines would range from $1,000 to $2,500 per violation for a first offense, and from $2,500 to $5,000 per violation for later offenses.

Employers would be barred from retaliating against people who use or help others use these rights, and the department or an individual could bring a court action over a violation. Protected activity includes reporting possible noncompliance, taking part in an investigation or proceeding, and helping someone understand or assert these rights. An employer action taken within 90 days after a person uses a protected right would create a rebuttable presumption of retaliation; the employer could try to show otherwise. A person bringing a case must allege the violation in good faith. A court action for retaliation must begin within two years; other actions must begin within one year. A court could award back pay, damages, legal costs, or other relief, including return to a job.