2017 -- H 6141 SUBSTITUTE A

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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

     Introduced By: Representatives Slater, and Diaz

     Date Introduced: April 26, 2017

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

RELATIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 6.14

EMPLOYMENT APPLICATIONS PROHIBITED

     28-6.14-1. Criminal history on application for employment.

     (a) The director of labor and training shall have the same powers and duties as set forth in

chapter 12 and chapter 14 of title 28 to investigate, inspect, subpoena, and enforce through

administrative hearings, complaints that allege that an employer has included on any application

for employment, except applications for law enforcement agency positions, or positions related to

law enforcement agencies, a question inquiring whether the applicant has ever been arrested,

charged with, or convicted of any crime; provided that:

     (1) If a federal or state law or regulation creates a mandatory or presumptive

disqualification from employment based on a person's conviction of one or more specified

criminal offenses, an employer may include a question whether the applicant has ever been

convicted of any of those offenses; or

     (2) If a standard fidelity bond or an equivalent bond is required for the position for which

the applicant is seeking employment, and their conviction of one or more specified criminal

offenses would disqualify the applicant from obtaining such a bond, an employer may include a

question whether the applicant has ever been convicted of any of those specified criminal

offenses.

     (b) The department of labor and training and the commission for human rights shall

cooperate in the investigation of complaints filed under this section when the allegations are

within the jurisdiction of both agencies.

     (c) The department of labor and training shall disseminate information to employers and

workers about the prohibitions prescribed in this section.

     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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     This act would give the department of labor and training the jurisdiction to review claims

alleging that employers had improperly inquired about an applicant's criminal history on an

employment application.

     This act would take effect upon passage.

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