Bill > H3224

This bill amends South Carolina law to restrict how employers can use criminal history information during the hiring process, with the goal of helping rehabilitated individuals gain employment. The legislation prohibits employers from asking about criminal convictions on job applications or during initial stages of hiring until an applicant has been selected for an interview or received a conditional job offer. The bill defines specific types of criminal convictions that can be considered and establishes a framework for evaluating whether a prior conviction is directly relevant to the job. If an employer wants to deny employment based on a criminal record, they must consider factors like the nature of the crime, its relationship to the job, and evidence of the applicant's rehabilitation. The bill requires employers to provide written explanation if they deny employment due to a criminal record and sets up a complaint process through the Human Affairs Commission. Penalties for non-compliance vary based on the size of the employer and the timing of the violation, ranging from written warnings to fines up to $500 per violation. The law does not apply to certain positions like legal professionals, and employers with statutory requirements to conduct background checks are exempt. The bill aims to give individuals with criminal histories a fair chance at employment while still allowing employers to make informed hiring decisions.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3224&session=126&summary=B