Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1181

Introduced
5/18/23  

Caption

In dissemination of criminal history record information, further providing for use of records for employment; imposing duties on the Department of Labor and Industry; and imposing penalties.

Impact

The passage of HB 1181 has the potential to significantly influence employment practices across Pennsylvania. By establishing parameters on how criminal records can be evaluated, the bill aims to support individuals with criminal histories in securing employment by preventing discrimination based on irrelevant past convictions. The legislation tasks the Department of Labor and Industry with enforcing these regulations, thereby implementing a stricter oversight mechanism aimed at penalizing employers who fail to adhere to the bill's provisions. With specified penalties for non-compliance, including fines on first-time and subsequent violations, the bill seeks to incentivize adherence to fair hiring practices.

Summary

House Bill 1181, introduced to amend Title 18 of the Pennsylvania Consolidated Statutes, focuses on the dissemination of criminal history record information concerning its use in employment decisions. The bill establishes clear guidelines on how employers may assess the criminal history of individuals applying for or currently holding employment positions. Notably, it restricts employers from considering specific types of criminal records, such as misdemeanors, expunged cases, or juvenile records, while also imposing a framework for evaluating more serious offenses. Additionally, it mandates that employers notify individuals when their criminal history influences hiring decisions, thereby promoting transparency in the employment process.

Sentiment

Generally, the sentiment surrounding HB 1181 appears to be supportive among advocacy groups and legislators who prioritize fair employment rights. Proponents argue that the legislation could serve as a significant step towards reducing recidivism by providing individuals with criminal backgrounds a fairer chance in the job market, thereby fostering rehabilitation and reintegration. However, there are concerns among a minority of legislators and business groups about potential hardships for employers who might feel constrained in their hiring choices, leading to a split in opinion on how best to balance the interests of job seekers against those of employers.

Contention

Despite the positive outlook associated with HB 1181 from many advocacy perspectives, there are points of contention related to its implementation. Some critics argue that there should be more nuanced provisions for certain types of offenses that could be relevant to specific job positions, particularly in safety-sensitive sectors. Others express concern about the practical implications of enforcing penalties against employers who may inadvertently violate the guidelines without malicious intent. Overall, the discussions surrounding the bill reveal a critical debate about the balance between giving second chances to individuals with criminal histories and protecting the rights and interests of employers.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1492

Providing for use of criminal records to screen tenants; imposing duties on the Pennsylvania Human Relations Commission; and imposing penalties.

PA SB1193

Criminal history record information; dissemination of record information.

PA HB1627

Criminal history record information; dissemination of record information.

PA SB548

Providing for fair workweek employment standards and for powers and duties of the Department of Labor and Industry; and imposing penalties.

PA SB1132

Criminal history record information; dissemination.

PA HB2313

Criminal history record information; dissemination.

PA HB2411

Providing for criteria for independent contractors and for powers and duties of the Department of Labor and Industry and the Secretary of Labor and Industry; and imposing penalties.

PA SB586

Providing for criteria for independent contractors and for powers and duties of the Department of Labor and Industry and the Secretary of Labor and Industry; and imposing penalties.

PA HB361

Criminal history record information; dissemination of information to DSS.

PA HB1748

Providing for the registration of labor brokers; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Labor Broker Registration Account; and imposing penalties.

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