2017 -- H 6141 | |
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LC002510 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT APPLICATIONS | |
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Introduced By: Representatives Slater, and Diaz | |
Date Introduced: April 26, 2017 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR |
2 | RELATIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 6.14 |
4 | EMPLOYMENT APPLICATIONS PROHIBITION |
5 | 28-6.14-1. Criminal history on application for employment prohibited. |
6 | (a) The director of labor and training shall have the same powers and duties as set forth in |
7 | chapter 14 of title 28 to investigate, inspect, subpoena, and enforce, through administrative |
8 | hearing complaints, any allegation that an employer has included on any application for |
9 | employment, except applications for law enforcement agency positions or positions related to law |
10 | enforcement agencies, a question inquiring as to whether the applicant has ever been arrested, |
11 | charged with, or convicted of any crime, provided that: |
12 | (1) If a federal or state law or regulation creates a mandatory or presumptive |
13 | disqualification from employment due to a person's conviction of one or more specified criminal |
14 | offenses, an employer may include a question concerning whether the applicant has ever been |
15 | convicted of any of those offenses; or |
16 | (2) If a standard fidelity bond or an equivalent bond is required for the position for which |
17 | the applicant is seeking employment and the applicant's conviction of one or more specified |
18 | criminal offenses would disqualify the applicant from obtaining such a bond, an employer may |
19 | ask whether the applicant has ever been convicted of any of those specified criminal offenses. |
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1 | (b) The department of labor and training and the commission for human rights shall |
2 | cooperate in the investigation of complaints filed under this section when the allegations are |
3 | within the jurisdiction of both agencies. |
4 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- EMPLOYMENT APPLICATIONS | |
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1 | This act would give the department of labor and training the jurisdiction to review claims |
2 | alleging that employers had improperly inquired about an applicant’s criminal history on an |
3 | employment application. |
4 | This act would take effect upon passage. |
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