Labor and Public Employees Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Rep. Minnie Gonzalez, 3^rd District

REASONS FOR BILL:

The bill prohibits employers engaged in retail trade or accommodation and food service from denying a promotion to an employee solely because, before working for the employer, the employee had an arrest, criminal charge, or conviction which was (1) erased under the provision on juvenile delinquencies, families with service needs, youthful offenders, criminal charges that were dismissed or nolled, criminal charges resulting in 'not guilty' verdicts, or pardoned convictions or (2) the subject of a provisional pardon. The law already prohibits employers from denying employment to a prospective employee or discharging or discriminating against an employee solely on the basis of a conviction that is (1) erased under the same circumstances or (2) the subject of a provisional pardon.

RESPONSE FROM ADMINISTRATION/AGENCY:

None submitted

NATURE AND SOURCES OF SUPPORT:

Rep. Minnie Gonzalez, 3^rd District

Employees that have been on the job for a time and have proven their worth to the extent they stand to be promoted should not be penalized for previous criminal history for which they have served their time. We should be removing roadblocks so hard-working people that have paid their dues can continue to prosper. This bill gives people a fighting chance at maintaining their status as contributing members of society.

NATURE AND SOURCES OF OPPOSITION:

Teresa L. Jennings: State Government Affairs Team Leader, LexisNexis

The bill will prohibit Connecticut retail establishments from using arrest, criminal charge, or conviction to determine the opportunities for promotion of the employee. It gives the employers time to understand the merits of the individual and weigh the potential good with the potential bad. We are concerned that the bill is an attempt to make it increasingly difficult for employers to use background screen information in Connecticut, thereby increasing their costs and potentially making it more difficult to locate jobs in Connecticut.

Connecticut Restaurant Association

The bill would expand that restriction to apply (1) to promotions of existing employees and (2) only in the restaurant and retail business. The CRA is concerned that such an expansion could create unintended consequences. While on its face, such an expansion may seem reasonable, our members are concerned about promoting certain employees when the position they may be seeking would not be compatible based on their prior criminal record. Our members are always concerned about maintaining a safe work environment for ALL of their employees. Employers need to have flexibility in making promotion decisions. The law would restrict that and would impact the employer's ability to make the best decisions for its workforce, its customers, and its business.

Andy Markowski, CT state director, National Federation of Independent Business (NFIB)

The current legislation has the potential to set bad precedent, which could lead to full suppression of relevant criminal record information about prospective and current employees from employers. Without unfettered access to full information about potential and current employees, employers are unable to act to protect their business and ensure the trust and safety of their employees, vendors, and the general public when making personnel decisions. While some bills would make the criminal record reports easier to understand and remove unproven criminal charges, the most prominent and egregious of those proposals would seal felony and misdemeanor convictions of job applicants after a set period of time.