PRINTER'S NO. 382
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
431
Session of
2015
INTRODUCED BY HUGHES, TEPLITZ, FONTANA, TARTAGLIONE, GREENLEAF,
SCHWANK, LEACH AND WILLIAMS, FEBRUARY 12, 2015
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 12, 2015
AN ACT
Providing for employer prescreening and for administration of
act and rulemaking authority; establishing Ex-offender
Increased Access to Employment Enforcement Fund; making an
appropriation; and providing for construction of act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Ex-offender
Increased Access to Employment Act.
Section 2. Findings.
The General Assembly finds that it is in the public interest
to:
(1) Do more to give employers in this Commonwealth
access to the broadest pool of qualified applicants possible.
(2) Protect the civil rights of those seeking
employment.
(3) Ensure that qualified applicants are properly
considered for employment opportunities and are not
prescreened or denied an employment opportunity unnecessarily
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or unjustly.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A person pursuing employment with an employer
or with or through an employment agency.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." Any of the following:
(1) The Commonwealth.
(2) A political subdivision.
(3) A instrumentality of this Commonwealth or a
political subdivision.
(4) A person or private entity that has five or more
employees in the current or preceding calendar year and an
agent of the entity or person.
"Employment." An occupation or vocation.
"Employment agency." A person or entity, or an agent
thereof, regularly undertaking with or without compensation to
procure employees for an employer or to procure for employees
opportunities to work for an employer.
"Fund." The Ex-offender Increased Access to Employment
Enforcement Fund established under section 4(c).
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 4. Employer prescreening.
(a) Prohibition.--An employer or employment agency may not
inquire about or into or consider or require disclosure of the
criminal record or criminal history of an applicant until:
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(1) the applicant has been determined qualified for the
position and notified that the applicant has been selected
for an interview by the employer or employment agency; or
(2) if there is not an interview, until after a
conditional offer of employment is made to the applicant by
the employer or employment agency.
(b) Exemptions.--The requirements set forth in subsection
(a) do not apply for positions where:
(1) employers are required to exclude applicants with
certain criminal convictions from employment due to Federal
or State law; or
(2) a standard fidelity bond or an equivalent bond is
required and an applicant's conviction of one or more
specified criminal offenses would disqualify the applicant
from obtaining the bond, in which case an employer may
include a question or otherwise inquire whether the applicant
has ever been convicted of any of the offenses.
(c) Notification.--This section shall not prohibit an
employer from notifying applicants in writing of the specific
offenses that will disqualify an applicant from employment in a
particular position due to Federal or State law or the
employer's policy.
Section 5. Administration of act and rulemaking authority.
(a) Investigation and penalties.--The department may
investigate an alleged violation of this act by an employer or
employment agency. If the department finds that a violation of
this act has occurred, the secretary may impose the following
civil penalties:
(1) For a first violation, the secretary shall issue a
written warning to the employer or employment agency.
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(2) For a second violation, the secretary may impose a
civil penalty of up to $500.
(3) For a third or subsequent violation, the secretary
may impose a civil penalty of up to $1,500.
(4) A penalty imposed under paragraphs (1), (2) and (3)
shall include a requirement that the employer or employment
agency remedy the violation within 30 days of receipt of
notice of the violation from the department. An employer or
employment agency that fails to remedy a violation after
receipt of notice from the department shall be subject to an
additional penalty of up to $1,500 for every 30 days that
passes thereafter without compliance.
(b) Assessment and recovery of penalties.--Penalties under
this section may be assessed by the department and recovered in
a civil action brought by the department in Commonwealth Court
or an administrative adjudicative proceeding.
(c) Fund.--The Ex-offender Increased Access to Employment
Enforcement Fund is established as a special fund in the State
Treasury.
(d) Deposit and appropriation.--The money recovered as civil
penalties under this section shall be deposited into the fund.
The money in the fund shall be appropriated to the department on
a continuing basis and may be used only to enforce employer
violations of this act.
(e) Administration and procedure.--The department may adopt
rules necessary to administer this act and may establish an
administrative procedure to adjudicate claims and issue final
and binding decisions subject to the 2 Pa.C.S. (relating to
administrative law and procedure).
Section 6. Construction of act.
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This act may not be construed to prohibit an employer from
conducting a criminal history background check on an individual
after complying with the provisions of this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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