Regular Session 2017-2018 Senate Bill 0842 P.N. 1103

PRINTER'S NO. 1103

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

842

Session of

2017

INTRODUCED BY HUGHES, FONTANA, COSTA, BLAKE, STREET AND LEACH,

AUGUST 11, 2017

REFERRED TO LABOR AND INDUSTRY, AUGUST 11, 2017

AN ACT

Providing for employer prescreening and for administration of

act and rulemaking authority; imposing penalties;

establishing the Ex-offender Increased Access to Employment

Enforcement Fund; making an appropriation; and providing for

construction of act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Ex-offender

Increased Access to Employment Act.

Section 2. Findings.

The General Assembly finds that it is in the public interest

to:

(1) Do more to give employers in this Commonwealth

access to the broadest pool of qualified applicants possible.

(2) Protect the civil rights of those seeking

employment.

(3) Ensure that qualified applicants are properly

considered for employment opportunities and are not

prescreened or denied an employment opportunity unnecessarily

or unjustly.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant." A person pursuing employment with an employer

or with or through an employment agency.

"Department." The Department of Labor and Industry of the

Commonwealth.

"Employer." Any of the following:

(1) The Commonwealth.

(2) A political subdivision.

(3) An instrumentality of the Commonwealth or a

political subdivision.

(4) A person or private entity that has five or more

employees in the current or preceding calendar year and an

agent of the entity or person.

"Employment." An occupation or vocation.

"Employment agency." A person or entity, or an agent of the

person or entity, regularly undertaking with or without

compensation to procure employees for an employer or to procure

for employees opportunities to work for an employer.

"Fund." The Ex-offender Increased Access to Employment

Enforcement Fund established under section 5(d).

"Secretary." The Secretary of Labor and Industry of the

Commonwealth.

Section 4. Employer prescreening.

(a) Prohibition.--An employer or employment agency may not

inquire about or into or consider or require disclosure of the

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criminal record or criminal history of an applicant until:

(1) the applicant has been determined qualified for the

position and the applicant has received an in-person

interview by the employer or employment agency; or

(2) if there is not an in-person interview, until after

a conditional offer of employment is made to the applicant by

the employer or employment agency.

(b) Exemptions.--The requirements set forth in subsection

(a) do not apply for positions where:

(1) employers are required to exclude applicants with

certain criminal convictions from employment due to Federal

or State law; or

(2) a standard fidelity bond or an equivalent bond is

required and an applicant's conviction of one or more

specified criminal offenses would disqualify the applicant

from obtaining the bond, in which case an employer may

include a question or otherwise inquire whether the applicant

has ever been convicted of any of the offenses.

employer from notifying applicants in writing of the specific

offenses that will disqualify an applicant from employment in a

particular position due to Federal or State law or the

employer's policy.

Section 5. Administration of act and rulemaking authority.

(a) Investigation and penalties.--The department may

investigate an alleged violation of this act by an employer or

employment agency. If the department finds that a violation of

this act has occurred, the secretary may impose the following

civil penalties:

(1) For a first violation, the secretary shall issue a

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written warning to the employer or employment agency.

(2) For a second violation, the secretary may impose a

civil penalty of up to $500.

(3) For a third or subsequent violation, the secretary

may impose a civil penalty of up to $1,500.

(b) Remedy of violation.--A penalty imposed under subsection

(a)(1), (2) and (3) shall include a requirement that the

employer or employment agency remedy the violation within 30

days of receipt of notice of the violation from the department.

An employer or employment agency that fails to remedy a

violation after receipt of notice from the department shall be

subject to an additional penalty of up to $1,500 for every 30

days that passes thereafter without compliance.

this section may be assessed by the department and recovered in

a civil action brought by the department in Commonwealth Court

or an administrative adjudicative proceeding.

(d) Fund.--The Ex-offender Increased Access to Employment

Enforcement Fund is established as a special fund in the State

Treasury.

(e) Deposit and appropriation.--The money recovered as civil

penalties under this section shall be deposited into the fund.

The money in the fund shall be appropriated to the department on

a continuing basis and may be used only to enforce employer

violations of this act.

(f) Administration and procedure.--The department may

promulgate regulations necessary to administer this act and may

establish an administrative procedure to adjudicate claims and

issue final and binding decisions subject to 2 Pa.C.S. (relating

to administrative law and procedure).

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Section 6. Construction of act.

This act may not be construed to prohibit an employer from

conducting a criminal history background check on an individual

after complying with the provisions of this act.

Section 7. Effective date.

This act shall take effect in 60 days.

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