Know the Regulations that Guide Your Hiring Practices – Example

Are you current with the rules and regulations for hiring practices in your location?

Regular changes to laws made ay the state level make it important to be aware of the changes that affect your hiring practices.

Here is an example of this month’s updates:

Arizona Senate Bill 1133 regarding Consumer Report
This bill disallows the use of consumer reports for employment screening. 1/23/2019 – Senate read the second time.

Colorado House Bill 1025 regarding Ban-the-Box
This bill relates to the timing of an inquiry into a job applicant’s criminal history. 1/29/2019 – House Committee on Judiciary refer amended to Appropriation.

Florida Senate Bill 474 regarding Salary History Ban
This bill prohibits an employer from requesting or requiring the wage or salary history from a prospective employee as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment. 1/24/2019 – Filed.

Hawaii House Bill 1267 regarding Employment Screening
This bill clarifies that Hawaii’s anti-discrimination law does not prohibit or prevent an employer, employment agency, or labor organization from refusing to hire or refer or from discharging an individual for reasons unrelated to unlawful discriminatory practices. 1/28/2019 – Referred to LAB, JUD, referral sheet 6.

Illinois House Bill 834 regarding Salary History Ban
This bill prohibits an employer from (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant’s prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. 1/29/2019 – Removed Co-Sponsor Rep. Celina Villanueva.

Illinois House Bill 881 regarding Salary History Ban
This bill provides that it is unlawful for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee’s prior wage or salary history meet certain criteria, with some exceptions. 1/30/2019 – Added Co-Sponsor Rep. Steven Reick.

Illinois Senate Bill 73 regarding Salary History Ban
This bill amends the Equal Pay Act of 2003 by prohibiting an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant’s prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. Effective 60 days after becoming law. 1/30/2019 – Added as Chief Co-Sponsor Sen. John F. Curran.

Indiana House Bill 1022 regarding Criminal background check
This bill provides that an expanded criminal history check may be used instead of certain background checks and criminal history checks. 1/3/2019 – First reading: referred to Committee on Courts and Criminal Code.

Indiana House Bill 1031 regarding Certificate of Employability
This bill creates a certificate of employability for persons convicted of misdemeanors and certain felonies (Class D or Level 6). This bill provides immunity to employers in negligent hiring cases who hire persons with a certificate of employability under certain circumstances. 1/3/2019 – First Reading: referred to Committee on Courts and Criminal Code.

Indiana Senate Bill 153 regarding Health facility employee criminal background check
This bill requires a health facility to obtain a national criminal history background check or an expanded criminal history check for the health facility’s employees. This bill provides immunity to persons: (1) for denying or terminating employment because of another person’s criminal history; or (2) for reporting to or participating in the proceeding of the state department of health or the registry of nurse aides. 1/3/2019 – First reading: referred to Committee on Judiciary.

Indiana Senate Bill 25 regarding Consumer Report
This bill prohibits an employer from using a consumer report for employment purposes unless certain conditions apply. 1/3/2019 – First Reading: referred to Committee on Commerce and Technology.

Iowa House Bill 64 regarding Ban-the-Box
This bill prohibits employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions. 1/28/2019 – Subcommittee: Grassley, Dolecheck, and Hunter. H.J. 172.

Iowa House Bill 89 regarding Salary History Ban
This bill relates to wage discrimination under the Iowa civil rights Act of 1965 and in state contracting, making penalties applicable, and establishing an equal pay task force. 1/24/2019 – Introduced and referred to Labor. H.J. 140.

Kentucky House Bill 90 regarding Ban-the-Box
This bill relates to criminal histories of job applicants. 1/10/2019 – To Economic Development & Workforce Investment.

Maine Senate Bill 278 regarding Salary History Ban
This bill amends the Maine Human Rights Act by providing that evidence of discrimination concerning compensation includes an employer seeking information about a prospective employee’s prior wage history before an offer of employment, including all compensation, to the prospective employee has been made. 1/22/2019 – In concurrence. Ordered sent Forthwith. Hearing scheduled February 6, 2019, at 10 am with Joint Labor and Housing Committee.

Mississippi House Bill 2594 regarding Ban-the-Box
This bill bans criminal history checks as part of the preliminary job application process except as required by law, and for related purposes. 1/21/2019 – Referred to Judiciary, Division B; Corrections.

Mississippi House Bill 2614 regarding Ban-the-Box
This bill amends Section 99-19-71, Mississippi Code of 1972, to authorize a court upon petition to expunge certain nonviolent felony convictions; to ban criminal history checks as part of the preliminary job application process except as required by law, and for related purposes. 1/21/2019 – Referred to Corrections.

Missouri Senate Bill 209 regarding Credit History Report
This bill prohibits the use of an employee or prospective employee’s credit score as a condition of employment. 1/9/2019 – First read.

Montana Senate Bill 168 regarding Ban-the-Box
This bill restricts certain employment applications regarding criminal history. The bill does not prohibit an employer who has obtained a credit history or acquired information in the usual course of checking an applicant’s references from considering an applicant’s conviction history or criminal history when making a hiring decision. 1/31/2019 – (s) Hearing (S) Business, Labor, and Economic Affairs.

Nebraska Legislature Bill 254 regarding Ban-the-Box
This bill prohibits public and private employers and employment agencies from asking for criminal history as prescribed. 1/28/2019 – Notice of hearing for February 4, 2019.

New Hampshire House Bill 211 regarding Salary history ban
This bill prohibits an employer from requiring a prospective employee to disclose his or her salary history before an offer of employment. 1/29/2019 – Executive Session: 2/6/2019 – 10:00 am Legislative Office Building 307.

New Hampshire House Bill 253 regarding Ban-the-Box
This bill prohibits employers from asking a job applicant about his or her criminal history before an interview. 1/29/2019 – Executive Session: 2/6/2019 10:00 am Legislative Office Building 307.

New Hampshire House Bill 293 regarding Credit History Report
This bill prohibits employers from using credit history in employment decisions. 1/8/2019 – Introduced and referred to Labor, Industrial and Rehabilitative Services.

New York Senate Bill 1402 regarding Ban-the-Box
This bill requires employers to make a conditional offer of employment before inquiring about any convictions of a prospective employee. 1/14/2019 – Referred to Investigations and Government Operations.

New York Senate Bill 2218 regarding Ban-the-Box
This bill establishes that it is an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of an individual unless such employer makes a conditional offer of employment to such individual. 1/23/2019 – Referred to Crime Victims, Crime and Correction.

New York Senate Bill 2241 regarding Credit Report
This bill prohibits discrimination on the basis of credit history in making decisions. 1/23/2019 – Referred to Consumer Protection.

New York Senate Bill 2611 regarding Credit Report
This bill prohibits the use of consumer credit history in hiring, employment, and licensing determination. 1/24/2019 – Referred to Consumer Affairs and Protection.

New York Senate Bill 2898 regarding Credit Report
This bill prohibits consumer reporting agencies from reporting adverse information in credit reports of certain furloughed federal government employees. 1/30/2019 – Referred to Consumer Protection.

New York Senate Bill 51 regarding Pay Equity
This bill prohibits employers from seeking salary history from prospective employees; establishes a public awareness campaign. 1/9/2019 – Referred to Investigations and Government Operations.

South Carolina House Ball 3463 regarding Ban-the-Box
This bill provides that no job application may include questions related to convictions of a crime, unless the crime for which he was convicted directly relates to the position of the employment sought or the occupation for which the license is sought, to provide a related policy statement, and to provide necessary definition, among other things, in order to give a better chance for applicants to be considered for employment prior to the stage in the application process when background checks are conducted. 1/8/2019 – Referred to Committee on Judiciary.

South Carolina House Bill 3163 regarding Ban-the-Box
This bill provides that no job application may include questions related to convictions of a crime, unless the crime for which he is convicted directly relates to the position of employment sought or the occupation for which the license is sought, to provide a related policy statement, and to provide necessary definitions, among other things, in order to give a better chance for applicants to be considered for employment prior to the stage in the application process when background checks are conducted. 1/8/2019 – Referred to Committee on Labor, Commerce, and Industry.

South Carolina House Bill 3326 regarding Credit Report
This bill provides that it is an unlawful employment practice for an employer to fail or refuse to hire an individual because of the credit history or edit report of the individual and to provide exceptions. 1/8/2019 – Referred to Committee on Labor, Commerce, and Industry.

South Carolina House Bill 3589 regarding Salary History Ban
This bill prohibits certain employment practices involving disclosures of information about wages and wage histories, and to require employers to provide wage ranges for employment positions to prospective employees upon request. 1/29/2019 – Member(s) request name added as sponsor: Bernstein.

South Carolina House Bill 3615 regarding Salary History Ban
This bill provides that certain employment practices relating to a request for disclosure of wages are unlawful. 1/31/2019 – Member(s) request name added as sponsor: Howard, Simmons.

Virginia House Bill 1903 regarding Criminal Record Information
This bill relates to the dissemination of criminal history record information. This bill may provide to a requesting employer or prospective employer to convictions occurring within seven years before the request., except for any information related to a felony act of violence or a barrier crime. 1/11/2019 – Hearing in Room 3.

Virginia Senate Bill 1636 regarding Salary History Ban
This bill prohibits private employers from discriminating on the basis of membership in a protected class between employees in the payment of wages or other compensation for substantially similar work. The measure defines “protected class” as a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identification or expression, political affiliation, national origin, marital status, veteran status, disability, or age. The measure also prohibits (i) discrimination between employees by providing less favorable employment opportunities; (ii) limiting an employee’s right to discuss wages; (iii) infringement on an employee’s right to not disclose wage or salary history; and (iv) retaliating against an employee. The bill also establishes criteria for when wage differentials between employees are permitted. Violations are subject to civil penalties. 1/28/2019 – Passed by indefinitely in Commerce and Labor (11-Y 2-N).

Washington House Bill 1565 regarding Employment Screening
This bill concerns certain providers sharing background checks. 1/24/2019 – Introduced. Hearing scheduled 2/5/19 in the House Committee on Health Care & Wellness at 1:30 PM.

Washington Senate Bill 5568 regarding Employment Screening
This bill concerns certain providers haring background checks. 1/24/2019 – Introduced. Hearing scheduled 2/6/19 in the Senate Committee on Human Services, Reentry & Rehabilitation at 8 am.

Wyoming House Bill 178 regarding Salary History Ban
This bill prohibits an employer from seeking or relying on salary history information of a prospective employee as specified; specifying employer actions which constitute an unfair employment practice; and providing for an effective date. 1/29/2019 – H07 – Corporations: Do Pass Failed 2-7-0-0-0.

Please note that we are not a law firm and do not provide legal advice. We see our role as providing you information that helps our customers’ business people and legal people identify compliance requirements and legal risks that they might not be familiar with. Where you see compliance requirements or legal risks that apply to your organization, you should talk with your own lawyers experienced in the relevant law. Put another way; this information can be a starting point or a checkpoint, but not an endpoint. Additionally, the courts, legislatures, and industries discussed in our compliance updates are evolving rapidly. That means that our compliance updates may be out of date very quickly. We do not update old compliance updates and don’t necessarily issue new ones even when we no longer agree with our former analysis. When you read any of our compliance updates that are more than a few months old, you should take special care to have your lawyers perform up-to-date research.

 

Bill Peeler is the President and CEO of Peeler Group International, an Investigative and Security Services Company.

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