Bill > H3272

This bill, known as the Ban the Box Act, aims to reduce employment barriers for individuals with criminal records by prohibiting employers from inquiring about criminal history until after an initial interview or conditional job offer. The legislation establishes a statewide policy to support the rehabilitation of criminal offenders by providing them fair opportunities for employment. Specifically, employers cannot ask about criminal convictions on job applications, with exceptions for certain positions like corrections and financial institutions. The bill defines "conviction" to include felonies, gross misdemeanors, and misdemeanors with potential jail sentences, and provides detailed guidelines for how employers should evaluate an applicant's criminal history. If a criminal record is directly related to the job, employers must consider factors such as the nature of the crime, its relevance to the position, and evidence of rehabilitation. The bill also outlines a graduated penalty system for private employers who violate these provisions, with penalties varying based on the number of employees and the timing of the violation. For public employment, complaints will be processed through the Administrative Procedures Act, and the Human Affairs Commission will investigate private employer violations. The law does not apply to legal professionals or judicial branch employment, though the Supreme Court may choose to adopt similar policies. The act takes effect upon the Governor's approval.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=3272&session=126&summary=B