SB358 By Senator Sanders RFD Judiciary Rd 1 09-APR-15

SYNOPSIS: Under existing law, there is no Alabama statute prohibiting an employer from discriminating against a job applicant based on his or her criminal record. This bill would prohibit employers from inquiring on any application for employment whether the applicant has ever been arrested, charged with, or convicted of any crime, unless the position is related to law enforcement or a law or regulation allows an individual to be disqualified from employment because of a criminal conviction. This bill would allow an employer to ask an applicant for information about his or her criminal record at a first interview or thereafter.

A BILL TO BE ENTITLED AN ACT

To prohibit employers from inquiring on any application for employment whether the applicant has ever been arrested, charged with, or convicted of any crime, unless the position is related to law enforcement or a law or regulation allows an individual to be disqualified from employment because of a criminal conviction; and to specifically allow an employer to ask an applicant for information about his or her criminal record at a first interview or thereafter.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) As used in this section, "conviction" means any verdict or finding of guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.

(b) It is an unlawful employment practice for an employer to include in any application for employment, except an application for a position related to law enforcement, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with, or convicted of any crime; provided, however, that:

(1) If a federal or state law creates a mandatory or presumptive disqualification from employment based on an individual's conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire 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 his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses.

(c) Notwithstanding subsection (b), an employer may ask an applicant for information about his or her criminal convictions at the first interview or thereafter, in accordance with all applicable state and federal laws.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Employment

Employers

Crimes and Offenses

Labor

Labor Department