The terms of Act No. 406 (HB 707) apply to any business conducting background checks on candidates before offering the individual a position. The Act:
- Prohibits employers from inquiring about or considering arrest records or charges not resulting in a conviction.
- Authorizes applicants (upon written request) to obtain any background checks utilized by employers during the hiring process.
- Requires employers to make individualized assessments of whether an applicant's criminal history record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position. The following factors must be assessed in arriving at this decision:
- The nature and gravity of the offense or conduct;
- The time that has elapsed since the offense, conduct or conviction; and
- The nature of the job sought.
Employers are encouraged to review this new law and update any hiring policies or protocols as applicable.
Posted: July 6, 2021