Indiana Senate Bill 312 – Bans the Box

June 5th, 2017 | Sterling

On April 27, 2017, Indiana Governor Eric Holcomb signed senate Bill 312 which prevents ban the box laws from being passed by local governments a summary of the law is set forth below.

Specifically the law restricts a political subdivision from prohibiting an employer from the following:

  • Obtaining or using criminal history information during the hiring process
  • During the application process inquiring about an individual’s criminal history
  • Requiring an individual to disclose their criminal history

The law also has a provision that protects employers by preventing an individual’s criminal history from being used against an employer in a civil action that is based on the conduct of the employee unless:

  • The nature of the criminal history does not bear a direct relationship to the facts underlying the claim
  • The criminal records have been sealed, reversed, vacated, pardoned, expunged or did not result in a conviction

The new law will be effective on July 1, 2017

The full text of the bill can be found here.

The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of these new regulations. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.