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. https://iga.in.gov/legislative/2017/bills/senate/312#document-051d9997

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.

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