| 3 | 2 | | *CEB135* 03/03/2025 1:07:30 PM CEB135 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1643 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Representative Dalby 5 |
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| 9 | 8 | | By: Senator Irvin 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND THE LAW CONCERNING HIRING PRACTICES; 9 |
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| 13 | 12 | | TO ALLOW A CURRENT OR FORMER EMPLOYER TO DISCLOSE 10 |
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| 14 | 13 | | SUBSTANTIATED ALLEGATIONS OF SEXUAL ABUSE OR 11 |
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| 15 | 14 | | HARASSMENT BY THE CURRENT OR FORMER EMPLOYEE TO A 12 |
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| 16 | 15 | | PROSPECTIVE EMPLOYER UPON WRITTEN CONSENT; AND FOR 13 |
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| 17 | 16 | | OTHER PURPOSES. 14 |
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| 18 | 17 | | 15 |
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| 19 | 18 | | 16 |
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| 20 | 19 | | Subtitle 17 |
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| 21 | 20 | | TO ALLOW A CURRENT OR FORMER EMPLOYER TO 18 |
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| 22 | 21 | | DISCLOSE SUBSTANTIATED ALLEGATIONS OF 19 |
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| 23 | 22 | | SEXUAL ABUSE OR HARASSMENT BY THE 20 |
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| 24 | 23 | | CURRENT FOR FORMER EMPLOYEE TO A 21 |
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| 25 | 24 | | PROSPECTIVE EMPLOYER UPON WRITTEN 22 |
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| 26 | 25 | | CONSENT. 23 |
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| 27 | 26 | | 24 |
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| 28 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
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| 29 | 28 | | 26 |
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| 30 | 29 | | SECTION 1. Arkansas Code ยง 11-3-204(a)(1), concerning the information 27 |
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| 31 | 30 | | that may be disclosed by a current or former employer to a prospective 28 |
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| 32 | 31 | | employer, is amended to read as follows: 29 |
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| 33 | 32 | | (a)(1) A current or former employer may disclose the following 30 |
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| 34 | 33 | | information about a current or former employee's employment history to a 31 |
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| 35 | 34 | | prospective employer of the current or former employee upon receipt of 32 |
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| 36 | 35 | | written consent from the current or former employee: 33 |
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| 37 | 36 | | (A) Date and duration of employment; 34 |
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| 38 | 37 | | (B) Current pay rate and wage history; 35 |
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| 39 | 38 | | (C) Job description and duties; 36 HB1643 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 03/03/2025 1:07:30 PM CEB135 |
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| 42 | 41 | | (D) The last written performance evaluation prepared prior 1 |
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| 43 | 42 | | to the date of the request; 2 |
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| 44 | 43 | | (E) Attendance information; 3 |
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| 45 | 44 | | (F) Results of drug or alcohol tests administered within 4 |
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| 46 | 45 | | one (1) year prior to the request; 5 |
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| 47 | 46 | | (G) Threats of violence, harassing acts, or threatening 6 |
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| 48 | 47 | | behavior related to the workplace or directed at another employee; 7 |
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| 49 | 48 | | (H) A substantiated allegation of sexual abuse or sexual 8 |
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| 50 | 49 | | harassment by the employee, or the resignation by a former employee during a 9 |
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| 51 | 50 | | pending investigation of an allegation of sexual abuse or sexual harassment 10 |
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| 52 | 51 | | against the former employee; 11 |
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| 53 | 52 | | (I) Whether the employee was voluntarily or involuntarily 12 |
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| 54 | 53 | | separated from employment and the reasons for the separation; and 13 |
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| 55 | 54 | | (I)(J) Whether the employee is eligible for rehire. 14 |
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| 56 | 55 | | 15 |
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| 57 | 56 | | 16 |
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