HB 5237

HB 5237 – Prohibits certain pre-employment questions about criminal histories.

Effective January 1, 2017, this bill prohibits employers from asking about a prospective employee’s prior arrests, criminal charges, or convictions on an initial employment application unless (1) the employer must do so under state or federal law, or (2) the prospective employee is applying for a position for which the employer must obtain a security or fidelity bond or equivalent bond.

The bill allows a prospective employee to file a complaint with the Department of Labor (DOL) commissioner alleging a violation of this prohibition and subjects violators to a $300 per violation civil penalty imposed by the Labor Department. It also allows someone to file a complaint with the commissioner alleging an employer’s violation of existing law on employment-related criminal record checks.

Public Act 16-83

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