Bill Text: IA HF2351 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2016-02-23 - Subcommittee, Forristall, Hunter, and Watts. H.J. 313. [HF2351 Detail]
Download: Iowa-2015-HF2351-Introduced.html
House File 2351 - Introduced HOUSE FILE BY HUNTER, STAED, BENNETT, T. TAYLOR, ISENHART, LENSING, RUNNING=MARQUARDT, WINCKLER, H. MILLER, KEARNS, BROWN=POWERS, THEDE, HANSON, BERRY, STECKMAN, OURTH, ABDUL=SAMAD, GASKILL, and WESSEL=KROESCHELL A BILL FOR 1 An Act prohibiting employers and employment agencies from 2 seeking the criminal record or criminal history from 3 applicants for employment under certain circumstances, 4 establishing a criminal history employment application task 5 force, providing penalties, and including effective date 6 provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5770YH (3) 86 je/rj PAG LIN 1 1 DIVISION I 1 2 PROHIBITED HIRING PRACTICES ==== CRIMINAL RECORD OR CRIMINAL 1 3 HISTORY 1 4 Section 1. Section 84A.5, subsection 4, Code 2016, is 1 5 amended to read as follows: 1 6 4. The division of labor services is responsible for the 1 7 administration of the laws of this state under chapters 88, 1 8 88A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92, 1 9 and 94A, and section 85.68. The executive head of the division 1 10 is the labor commissioner, appointed pursuant to section 91.2. 1 11 Sec. 2. Section 91.4, subsection 2, Code 2016, is amended 1 12 to read as follows: 1 13 2. The director of the department of workforce development, 1 14 in consultation with the labor commissioner, shall, at the 1 15 time provided by law, make an annual report to the governor 1 16 setting forth in appropriate form the business and expense of 1 17 the division of labor services for the preceding year, the 1 18 number of remedial actions taken under chapter 89A, the number 1 19 of disputes or violations processed by the division and the 1 20 disposition of the disputes or violations, and other matters 1 21 pertaining to the division which are of public interest, 1 22 together with recommendations for change or amendment of the 1 23 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 1 24 90A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68, 1 25 and the recommendations, if any, shall be transmitted by the 1 26 governor to the first general assembly in session after the 1 27 report is filed. 1 28 Sec. 3. NEW SECTION. 91F.1 Declarations and purpose. 1 29 1. The general assembly declares that: 1 30 a. Removing obstacles to employment for individuals with 1 31 criminal records provides economic and social opportunities to 1 32 a large group of individuals in Iowa, as well as increasing the 1 33 productivity, health, and safety of Iowa communities. 1 34 b. Employment advertisements in Iowa frequently include 1 35 language regarding criminal records that is unrelated to the 2 1 employment vacancy and that either explicitly precludes or 2 2 strongly dissuades individuals from applying for employment for 2 3 which they are otherwise qualified. 2 4 c. Individuals with criminal records represent a group of 2 5 job seekers ready and able to enlarge and contribute to the 2 6 workforce. 2 7 d. Securing employment significantly reduces the risk of 2 8 recidivism for individuals with criminal records. 2 9 e. The opportunity for individuals with criminal records 2 10 to secure employment or to pursue, practice, or engage in 2 11 a meaningful and profitable trade, occupation, vocation, 2 12 profession, or business is essential to rehabilitation and 2 13 their resumption of the responsibilities of citizenship. 2 14 2. It is the purpose of this chapter to improve the economic 2 15 viability, health, and security of Iowa communities and to 2 16 assist individuals with criminal records to reintegrate into 2 17 the community, become productive members of the workforce, and 2 18 provide for their families and themselves. 2 19 Sec. 4. NEW SECTION. 91F.2 Definitions. 2 20 1. "Applicant" means a person pursuing employment with an 2 21 employer or with or through an employment agency. 2 22 2. "Commissioner" means the labor commissioner, appointed 2 23 pursuant to section 91.2, or the labor commissioner's designee. 2 24 3. "Criminal record or criminal history" means information 2 25 collected or possessed by any criminal justice agency or 2 26 judicial system in this state or in another jurisdiction, 2 27 including a federal, military, tribal, or foreign jurisdiction, 2 28 concerning individuals which information includes identifiable 2 29 descriptions and notations of arrests, detentions, indictments, 2 30 or other formal criminal charges, and any disposition arising 2 31 therefrom, including acquittal, deferred judgment, sentencing, 2 32 correctional supervision, release, or conviction, and any 2 33 sentence arising from a verdict or plea of guilty or nolo 2 34 contendere, including a sentence of incarceration, a suspended 2 35 sentence, a sentence of probation, or a sentence of conditional 3 1 discharge. 3 2 4. "Employer" means a person who has four or more employees 3 3 in the current or preceding calendar year and includes an agent 3 4 of such a person. For purposes of this chapter, individuals 3 5 who are members of the employer's family shall not be counted 3 6 as employees. 3 7 5. "Employment agency" means a person who, with or without 3 8 compensation, regularly brings together those desiring to 3 9 employ and those desiring employment and includes an agent of 3 10 such a person. 3 11 Sec. 5. NEW SECTION. 91F.3 Prohibited hiring practices ==== 3 12 exceptions. 3 13 1. An employer or employment agency shall not inquire 3 14 about or require disclosure of the criminal record or criminal 3 15 history of an applicant until the applicant's interview is 3 16 being conducted or, if an interview will not be conducted, 3 17 until after a conditional offer of employment is made to the 3 18 applicant by the employer or employment agency. 3 19 2. Subsection 1 does not apply to the following positions 3 20 if an employer or employment agency establishes a separate 3 21 application form for such positions that includes the title and 3 22 job description of the position, the specific state or federal 3 23 law or bonding requirement that applies to the position, and 3 24 the types of criminal offenses that would preclude an applicant 3 25 from being hired for the position: 3 26 a. Positions where employers are required to exclude 3 27 applicants with certain criminal convictions from employment 3 28 due to federal or state law. 3 29 b. Positions where a fidelity bond or an equivalent bond is 3 30 required and an applicant's conviction of one or more specified 3 31 criminal offenses would disqualify the applicant from obtaining 3 32 such bond, in which case an employer may include a question or 3 33 otherwise inquire whether the applicant has ever been convicted 3 34 of such specified criminal offenses. 3 35 3. Subsection 1 does not prohibit an employer or employment 4 1 agency from notifying applicants in writing of specific 4 2 offenses that will disqualify an applicant from employment in a 4 3 particular position as permitted by subsection 2. 4 4 4. Subsection 1 does not apply to the following positions: 4 5 a. Positions where an employee will work within the 4 6 residence of the employer if the employer or members of the 4 7 employer's family reside therein during such employment. 4 8 b. Positions where an employee will have entry access to a 4 9 personal residence or an occupied unit in a multiple housing 4 10 structure. 4 11 c. Positions where an employee will render personal service 4 12 to the person of the employer or members of the employer's 4 13 family. 4 14 5. An employment agency shall not be liable for a violation 4 15 of subsection 1 if the employment agency can demonstrate by 4 16 clear and convincing evidence that such violation was caused by 4 17 the employment agency's good=faith reliance on an affirmative 4 18 representation by an employer that one of the exceptions listed 4 19 in subsection 2 or 4 applied to the position in question. The 4 20 employer shall be liable for any such violations. 4 21 Sec. 6. NEW SECTION. 91F.4 Powers and duties of the 4 22 commissioner. 4 23 1. The commissioner may hold hearings and investigate 4 24 alleged violations of this chapter by an employer or employment 4 25 agency. 4 26 2. The commissioner may recover civil penalties in 4 27 accordance with section 91F.6. 4 28 Sec. 7. NEW SECTION. 91F.5 Civil penalties ==== amount. 4 29 An employer or employment agency who violates the provisions 4 30 of this chapter shall be subject to a penalty as follows: 4 31 1. For a first violation, the commissioner shall issue 4 32 a written warning to the employer or employment agency that 4 33 includes notice regarding penalties for subsequent violations 4 34 and the employer or employment agency shall have thirty days 4 35 to remedy the violation. 5 1 2. For a second violation, or if a previous violation is not 5 2 remedied within thirty days of notice by the commissioner, the 5 3 commissioner may impose a civil penalty of up to five hundred 5 4 dollars. 5 5 3. For a third violation, or if a previous violation is not 5 6 remedied within sixty days of notice by the commissioner, the 5 7 commissioner may impose a civil penalty of up to one thousand 5 8 five hundred dollars. 5 9 4. For subsequent violations, or if a previous violation is 5 10 not remedied within ninety days of notice by the commissioner, 5 11 the commissioner may impose a civil penalty of up to one 5 12 thousand five hundred dollars for every thirty days that pass 5 13 thereafter without compliance. 5 14 Sec. 8. NEW SECTION. 91F.6 Civil penalties ==== recovery. 5 15 1. The commissioner may propose that an employer be assessed 5 16 a civil penalty as provided in section 91F.4 by serving the 5 17 employer with notice of such proposal in the same manner as an 5 18 original notice is served under the rules of civil procedure. 5 19 Upon service of such notice, the proposed assessment shall be 5 20 treated as a contested case under chapter 17A. However, an 5 21 employer or employment agency must request a hearing within 5 22 thirty days of being served. 5 23 2. If an employer or employment agency does not request 5 24 a hearing pursuant to subsection 1 or if the commissioner 5 25 determines, after an appropriate hearing, that an employer 5 26 or employment agency is in violation of this chapter, the 5 27 commissioner shall assess a civil penalty in accordance with 5 28 section 91F.5. 5 29 3. An employer or employment agency may seek judicial review 5 30 of any assessment rendered under subsection 2 by instituting 5 31 proceedings for judicial review pursuant to chapter 17A. 5 32 However, such proceedings must be instituted in the district 5 33 court of the county in which the violation or one of the 5 34 violations occurred and within thirty days of the day on which 5 35 the employer was notified that an assessment has been rendered. 6 1 4. After the time for seeking judicial review has expired 6 2 or after all judicial review has been exhausted and the 6 3 commissioner's assessment has been upheld, the commissioner 6 4 shall request the attorney general to recover the assessed 6 5 penalties in a civil action. 6 6 5. Civil penalties recovered pursuant to this section shall 6 7 be remitted by the commissioner to the treasurer of state for 6 8 deposit in the general fund of the state. 6 9 Sec. 9. NEW SECTION. 91F.7 Construction. 6 10 This chapter shall not be construed to require an employer to 6 11 employ an individual with a criminal record. 6 12 Sec. 10. EFFECTIVE DATE. This division of this Act takes 6 13 effect January 1, 2017. 6 14 DIVISION II 6 15 CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE 6 16 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE 6 17 AND REPORT. 6 18 1. A criminal history employment application task force 6 19 is created. The task force shall consist of the following 6 20 members: 6 21 a. The labor commissioner or the labor commissioner's 6 22 designee, who shall represent public sector employers. 6 23 b. Two representatives of established civil rights 6 24 and civil liberties organizations appointed by the labor 6 25 commissioner. 6 26 c. Two representatives of private sector employers 6 27 appointed by the labor commissioner. 6 28 d. One representative of a private sector labor 6 29 organization appointed by the labor commissioner. 6 30 e. One representative of a statewide public sector labor 6 31 organization appointed by the labor commissioner. 6 32 2. The task force shall study appropriate voluntary 6 33 standards and procedures for evaluating employment applications 6 34 from an individual with a criminal history, including but not 6 35 limited to the nature of the crime, the age at which the crime 7 1 was committed, the nature of the duties of the position applied 7 2 for, and relevant evidence of the individual's rehabilitation. 7 3 3. The labor services division of the department of 7 4 workforce development shall provide staffing services for the 7 5 task force. The labor commissioner or the labor commissioner's 7 6 designee shall serve as the chairperson of the task force. 7 7 4. The members of the task force shall serve without 7 8 compensation and shall not be reimbursed for their expenses. 7 9 5. The task force shall submit a report regarding its 7 10 findings and recommendations to the governor and the general 7 11 assembly no later than January 1, 2017. The report shall 7 12 include a model pamphlet or other publication in both printed 7 13 and electronic form on evaluating employment applications 7 14 from individuals with criminal histories to be distributed to 7 15 employers in Iowa in a manner similar to other information 7 16 distributed by the labor commissioner. 7 17 Sec. 12. EFFECTIVE UPON ENACTMENT. This division of this 7 18 Act, being deemed of immediate importance, takes effect upon 7 19 enactment. 7 20 EXPLANATION 7 21 The inclusion of this explanation does not constitute agreement with 7 22 the explanation's substance by the members of the general assembly. 7 23 DIVISION I == PROHIBITED HIRING PRACTICES == CRIMINAL 7 24 RECORD OR CRIMINAL HISTORY. This bill prohibits an employer 7 25 or employment agency from inquiring about or requiring 7 26 disclosure of the criminal record or criminal history of an 7 27 applicant until the applicant's interview is being conducted. 7 28 If an interview for the position will not be conducted, 7 29 the prohibition applies until after a conditional offer 7 30 of employment is made to the applicant by the employer or 7 31 employment agency. 7 32 The prohibition does not apply to certain positions listed 7 33 in the bill if an employer or employment agency establishes 7 34 a separate application form for such positions that includes 7 35 certain information listed in the bill. The bill does not 8 1 prohibit an employer or employment agency from notifying 8 2 applicants in writing of specific offenses that will disqualify 8 3 an applicant from employment in a particular position as 8 4 permitted by these exceptions. 8 5 The prohibition does not apply to certain additional 8 6 positions listed in the bill. 8 7 An employment agency shall not be liable for a violation of 8 8 the prohibition if the employment agency can demonstrate by 8 9 clear and convincing evidence that such violation was caused by 8 10 the employment agency's good=faith reliance on an affirmative 8 11 representation by an employer that one of the exceptions listed 8 12 in the bill applied to the position in question. The employer 8 13 shall be liable for any such violations. 8 14 The bill defines "applicant" as a person pursuing employment 8 15 with an employer or with or through an employment agency. 8 16 The bill defines "employer" as a person who has four or more 8 17 employees in the current or preceding calendar year and an 8 18 agent of such a person, excluding family members. The bill 8 19 defines "employment agency" as a person who, with or without 8 20 compensation, regularly brings together those desiring to 8 21 employ and those desiring employment and an agent of such a 8 22 person. 8 23 The bill defines "criminal record or criminal history" as 8 24 information collected or possessed by any criminal justice 8 25 agency or judicial system in this state or in another 8 26 jurisdiction, including a federal, military, tribal, or 8 27 foreign jurisdiction, concerning individuals which information 8 28 includes identifiable descriptions and notations of arrests, 8 29 detentions, indictments, or other formal criminal charges, 8 30 and any disposition arising therefrom, including acquittal, 8 31 deferred judgment, sentencing, correctional supervision, 8 32 release, or conviction, and any sentence arising from a verdict 8 33 or plea of guilty or nolo contendere, including a sentence of 8 34 incarceration, a suspended sentence, a sentence of probation, 8 35 or a sentence of conditional discharge. 9 1 An employer or employment agency that violates the 9 2 provisions of the bill is subject to civil penalties ranging 9 3 from a written warning for a first violation to up to $1,500 9 4 every 30 days for a fourth or subsequent violation not remedied 9 5 within 90 days. 9 6 The labor commissioner may hold hearings and investigate 9 7 alleged violations of the bill by an employer or employment 9 8 agency and may recover civil penalties according to the 9 9 procedural provisions of the bill. 9 10 Division I of the bill shall not be construed to require an 9 11 employer to employ an individual with a criminal record. 9 12 Division I of the bill takes effect January 1, 2017. 9 13 DIVISION II == CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK 9 14 FORCE. Division II of the bill creates a criminal history 9 15 employment application task force. The task force shall study 9 16 appropriate voluntary standards and procedures for evaluating 9 17 employment applications from an individual with a criminal 9 18 history, including but not limited to the nature of the crime, 9 19 the age at which the crime was committed, the nature of the 9 20 duties of the position applied for, and relevant evidence of 9 21 the individual's rehabilitation. 9 22 The bill lists the membership of the task force. The labor 9 23 commissioner shall be the chairperson of the task force and 9 24 the labor services division of the department of workforce 9 25 development shall provide staffing services for the task force. 9 26 The task force shall submit a report regarding its findings 9 27 and recommendations to the governor and the general assembly no 9 28 later than January 1, 2017. The report shall include a model 9 29 pamphlet or other publication in both printed and electronic 9 30 form on evaluating employment applications from individuals 9 31 with criminal histories to be distributed to employers in Iowa 9 32 in a manner similar to other information distributed by the 9 33 labor commissioner. 9 34 Division II of the bill takes effect upon enactment. LSB 5770YH (3) 86 je/rj
