§ 2-231.05. Employment decisions; rescission of an offer of employment based on criminal record.

(a)

In making an employment decision based on an applicant's arrest record or conviction record, an employer shall conduct an individualized assessment, considering only specific offenses that may demonstrate unfitness to perform the duties of the position sought by the applicant, the time elapsed since the specific offenses, and any evidence of inaccuracy in the record.

(b)

If an employer intends to rescind an offer of employment based on an item or items in the applicant's arrest record or conviction record, before rescinding the offer of employment the employer shall:

(1)

provide the applicant with a copy of any criminal record report;

(2)

notify the applicant of the intention to rescind the offer of employment and the items that are the basis for the intention to rescind the offer of employment; and

(3)

delay rescinding the offer of employment for seven (7) days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the offer of employment is based.

(c)

If an employer decides to rescind an offer of employment based on the arrest record or conviction record of an applicant, the employer shall notify the applicant of the rescission of the offer of employment in writing.

(CB-78-2014)

Editor's note

CR-6-2015 approved rules and regulations governing the implementation and administration of the Fair Criminal Record Screening Standards.