Bill Summary for H 208 (2013-2014)

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Bill: BAN THE BOX.

Summary date: 

Mar 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 208 (Public) Filed Monday, March 4, 2013
A BILL TO BE ENTITLED AN ACT AMENDING THE LABOR LAWS TO PROHIBIT AN EMPLOYER FROM INQUIRING WHETHER AN APPLICANT FOR EMPLOYMENT HAS BEEN CONVICTED OF A CRIMINAL OFFENSE AND TO PROVIDE THAT A CIVIL PENALTY MAY BE ASSESSED AGAINST ANY EMPLOYER WHO COMMITS THAT UNLAWFUL ACT.
Intro. by Brandon, Pierce.

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Bill summary

Enacts new GS 95-246 in new Article 21A (Unlawful Employment Practices) to make it unlawful for an employer to ask an applicant (or seek out information as to) whether the applicant has ever been convicted of a criminal offense. Allows for the assessment of a $100 penalty for each violation. Allows an employer to inquire about whether an applicant has been convicted of a criminal offense after the employer extends a conditional offer for employment or where granting employment may involve an unreasonable safety risk. Requries the Commissioner of Labor to adopt rules to (1) define employment categories where past criminal history may involve an unreasonable safety risk and (2) establish factors to be considered in assessing whether an individual's past criminal history poses an unreasonable risk. Effective October 1, 2013, and applies to employment applications made on or after that date.