REPORT TITLE: 
Employment


DESCRIPTION:
Removes restrictions that inquiries into an employment
applicant's criminal convictions take place only after a
conditional offer of employment is made and inquiries go back no
further than ten years.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1314       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO EMPLOYMENT PRACTICES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 378-2.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]378-2.5[]]  Employer inquiries into conviction record.
 
 4 (a)  Subject to subsection (b), an employer may inquire about and
 
 5 consider an individual's criminal conviction record concerning
 
 6 hiring, termination, or the terms, conditions, or privileges of
 
 7 employment; provided that the conviction record bears a rational
 
 8 relationship to the duties and responsibilities of the position.
 
 9     [(b)  Inquiry into and consideration of conviction records
 
10 for prospective employees shall take place only after the
 
11 prospective employee has received a conditional offer of
 
12 employment which may be withdrawn if the prospective employee has
 
13 a conviction record that bears a rational relationship to the
 
14 duties and responsibilities of the position.
 
15      (c)] (b)  For purposes of this section, "conviction" means
 
16 an adjudication by a court of competent jurisdiction that the
 
17 defendant committed a crime, not including final judgments
 
18 required to be confidential pursuant to section 571-84[; provided
 

 
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                                     H.B. NO.1314       
                                                        
                                                        

 
 1 that the period for which the employer may examine the employee's
 
 2 conviction record shall not exceed ten years]."
 
 3      SECTION 2.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
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