Rep. Rita Mayfield
Filed: 3/19/2013
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| 1 | AMENDMENT TO HOUSE BILL 3005
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| 2 | AMENDMENT NO. ______. Amend House Bill 3005 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Employee Background Check Act. | ||||||
| 6 | Section 5. Definitions. As use in this Act:
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| 7 | "Background check" means a pre-interview criminal history | ||||||
| 8 | inquiry.
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| 9 | "Candidate" means any person considered by an employer when | ||||||
| 10 | identifying potential employees including, but not limited to, | ||||||
| 11 | persons who ask to be considered for employment or who request | ||||||
| 12 | information from an employer regarding potential employment.
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| 13 | "Employer" means any entity that employs one or more | ||||||
| 14 | persons.
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| 15 | "Employment" means any occupation or vocation.
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| 16 | "Inquire" means to ask either orally or in writing. | ||||||
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| 1 | Section 10. Background check permitted.
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| 2 | (a) An employer may conduct or have conducted on its behalf | ||||||
| 3 | a background check on a candidate for employment only after the | ||||||
| 4 | candidate has completed an application, been determined | ||||||
| 5 | qualified for the position, and been interviewed for | ||||||
| 6 | employment. An employer may not inquire about a candidate's | ||||||
| 7 | background before the candidate has been interviewed.
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| 8 | (b) The limitation on the utilization of background checks | ||||||
| 9 | set forth in subsection (a) of this Section does not apply to, | ||||||
| 10 | nor limit, the conducting of background checks by or on behalf | ||||||
| 11 | of an employer if a candidate's criminal history is an | ||||||
| 12 | essential factor in any hiring decision for a position for | ||||||
| 13 | which criminal history of the applicant is of such sensitivity | ||||||
| 14 | that a background check is warranted.
The limitation set forth | ||||||
| 15 | in subsection (a) does not apply to healthcare, law | ||||||
| 16 | enforcement, or financial institution employers. | ||||||
| 17 | (c) This Section does not prohibit an employer from asking | ||||||
| 18 | a candidate about criminal convictions during an interview. | ||||||
| 19 | Section 15. Remedy.
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| 20 | (a) A candidate may apply to the circuit court for issuance | ||||||
| 21 | of an injunction to enforce compliance with this Act.
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| 22 | (b) A candidate may recover actual damages, reasonable | ||||||
| 23 | attorney's fees, costs, and reasonable expenses of litigation | ||||||
| 24 | from an employer who violates this Act.
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| 1 | Section 20. Employer transparency. If an employer's | ||||||
| 2 | publicly documented policy or a federal or State law | ||||||
| 3 | disqualifies a person convicted of a specific offense from | ||||||
| 4 | holding a position, an application for that position may ask if | ||||||
| 5 | the applicant has been convicted of any of those disqualifying | ||||||
| 6 | offenses. The employer shall provide a copy of the relevant | ||||||
| 7 | citation or policy that requires the employer to disqualify the | ||||||
| 8 | candidates because of a given offense.
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.".
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