S1043B1477A07340 MSP:JSL 06/04/18 #90 A07340
AMENDMENTS TO SENATE BILL NO. 1043
Sponsor: SENATOR GREENLEAF
Printer's No. 1477
Amend Bill, page 1, lines 16 through 18; page 2, line 1; by
striking out all of said lines on said pages and inserting
(b) Use of information.--An employer may use criminal
history record information relating to an employment applicant
or an employee as follows:
(1) Felony and misdemeanor convictions occurring before
the start of employment may be considered by the employer
only to the extent to which they relate to [the applicant's]
suitability for employment in the position [for which he has]
applied for or held.
(2) Nothing in this act shall inhibit the ability of an
employer to consider felony and misdemeanor convictions
occurring after the start of employment as the basis for an
adverse employment action for a period of two years following
the employer's knowledge of the conviction without regard to
the employee's suitability for the employment position.
Nothing in this act shall inhibit the ability of an employer
to suspend the employment of an employee who is charged with
a felony or misdemeanor offense until the resolution of the
charge.
(3) Nothing in this act shall inhibit the ability of an
employer to, at any time and without regard for the
applicant's or employee's suitability for employment, take an
adverse employment action against an employment applicant or
employee who failed to accurately and fully disclose criminal
history record information that was lawfully requested by the
employer.
(4) Suitability for employment may be determined by
examining such factors as:
(i) The nature of the offense.
(ii) Circumstances surrounding the offense.
(iii) Time elapsed since the offense.
(iv) Evidence of the individual's rehabilitation.
(v) The nature and requirements of the employment
position.
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