Texas House Bill HB495

Texas 2019 - 86th Regular

Caption

Relating to the consideration of criminal history record information regarding applicants for employment.

Impact

The legislation amends the Labor Code, adding specific provisions designed to limit the consideration of criminal history when making employment decisions. Employers may not consider any criminal offenses that occurred more than seven years prior to the employment decision, which serves to protect individuals who may have had past convictions but have since rehabilitated. This bill reflects a growing national trend towards 'ban the box' policies aimed at reducing barriers to employment for those with criminal records and promoting workforce inclusion.

Summary

House Bill 495 aims to reform the hiring process in Texas by regulating how employers consider an applicant's criminal history during the application process. Under this bill, employers are prohibited from inquiring about an applicant's criminal history when they first apply for a job. This aims to promote a more equitable hiring process, allowing applicants to be evaluated based on their qualifications before their past criminal behavior is considered. The bill specifically mandates that criminal history inquiries can only occur after a conditional job offer has been made or an applicant is invited for an interview.

Contention

While proponents of HB 495 argue that the bill facilitates a fairer employment landscape for individuals with criminal histories, concerns have been raised regarding the potential implications for employers. Some employers may fear that limiting the scope of their background checks could expose them to liability risks if a hire leads to negligent hiring claims. Additionally, there may be concerns about how this bill interacts with industries that are heavily regulated and may have legal requirements to conduct background checks. Such contention points to a broader debate surrounding the balance between opportunities for rehabilitation and employer rights.