Short Title: An Act
regulating employment inquiries into arrest records.
Prime Sponsor: Senator GORDNER
Last Action: Referred to LABOR AND INDUSTRY, Jan. 14, 2015
[Senate]
Printer’s No. 78*
Senate Co-Sponsorship Memoranda
MEMORANDUM
Posted: December
2, 2014 01:34 PM
From: Senator John
Gordner
To: All Senate
members
Subject: Use
of Arrest Record in Employment
I will be reintroducing Senate Bill 1044 of the 2013-14
session. The legislation prohibits an
employer from asking a prospective employee whether that person has ever been
arrested when the arrest resulted in charges being withdrawn or if there was a
not guilty verdict.
I am aware of a constituent finding it difficult to find
employment because he was once arrested on multiple felony charges. While he was found not guilty on all counts,
he found it nearly impossible to find gainful employment because it is not
illegal for an employer to inquire about such arrests under current state
law. I feel an arrest should not be held
against someone if the case comes to conclusion without a conviction. Several states, including neighboring Ohio
and New York, currently have laws in place to prevent this practice.
My bill would not change existing law that permits
employers to consider felony and misdemeanor convictions to the extent to which
they relate to the applicant's suitability for the position applied. Further, current law would continue to apply
to charges that have been filed and are pending.
Previous co-sponsors of Senate Bill 1044 were Senators
Kitchen, Greenleaf, Rafferty, Costa, Fontana, Brewster, Eichelberger, Baker,
Vulakovich and Teplitz.
I invite your co-sponsorship of this legislation. Please contact my office with any questions.
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