22-4710. Unlawful for employers to require certain acts; exceptions; penalties.
22-4710
22-4710. Unlawful for employers to require certain acts; exceptions;penalties.(a) It is unlawful for any employer or prospective employer to require aperson to inspect or challenge any criminal history record informationrelating to that person for the purpose of obtaining a copy of theperson's record in order to qualify for employment.
(b) Any person violating the provisions of this section shall bedeemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection (a) or any otherprovision of this act, an employer may require a job applicant or aprospective independent contractor to sign arelease allowing the employer to access the applicant's or independentcontractor's criminal history recordinformation for purposes of determining the applicant's fitness for employment.
(d) The bureau may charge an employer a reasonable fee forthe preparationof a report detailing such criminal history recordinformation, andpursuant to rules and regulations may establish a fee schedule or chargevarying rates depending upon the quantity of information provided.
(e) The bureau shall be immune from any and all claims orcauses of actionarising from the release of criminal history record information provided to anemployer pursuant to a release signed by a job applicant.
(f) No employer shall be liable for any employment decision or decision toenter into a contract with an independent contractor based uponknowledge of such criminal history recordinformation,provided the information that led to the employment or contracting decisionreasonably bearsupon the independent contractor's, applicant's or employee'strustworthiness, or the safety or well-beingof the employer's employees or customers.
History: L. 1978, ch. 118, § 10;L. 1996, ch. 232, § 1;L. 1997, ch. 76, § 1; July 1.