A bill for an act prohibiting 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.
The implementation of SF120 is expected to have a significant impact on state laws regarding employment practices, particularly for those with criminal backgrounds. By restricting when an employer can ask about criminal history, the bill seeks to create a fairer hiring process and increase job opportunities for individuals looking to re-enter the job market. Advocates argue that this will not only aid in reducing recidivism but also bolster the overall economy by expanding the pool of potential employees.
Senate File 120 (SF120) is a legislative proposal aimed at reforming hiring practices concerning individuals with criminal records. The bill prohibits employers and employment agencies from inquiring about or requiring the disclosure of criminal history from job applicants until after the interview process has begun or a conditional job offer has been made. This move is intended to reduce barriers to employment for those who have previously been incarcerated, thereby encouraging their reintegration into the workforce and society.
Despite its supportive goals, SF120 may face contention regarding the balance between public safety and the rights of individuals with a criminal history. Critics may argue that allowing employers to delay inquiries into criminal backgrounds could pose risks, particularly in sensitive positions that require a higher degree of trust and security. Some may also express concerns about how effectively the bill will be enforced and what exceptions might be necessary for legal and public safety compliance.
The bill establishes a Criminal History Employment Application Task Force to study and recommend standards for evaluating employment applications from individuals with criminal histories. The task force will produce a report with findings and recommendations due by January 1, 2024. In terms of penalties, employers who violate the provisions of the bill may face civil penalties that range from written warnings to fines based on the number of violations, thus creating an accountability mechanism for enforcement.