Concerning clarifying civil liability regarding negligent hiring practices for an employer that hires a person with a criminal record.
This bill prohibits information regarding an employee’s criminal history from being introduced as evidence in a civil action against an employer if: the nature of the criminal history does not bear a direct relationship to the facts underlying the cause of action; a court order sealed any record of a criminal case or a pardon was issued before the occurrence of the civil action; or the record of an arrest or charge did not result in a criminal conviction. This bill does not eliminate the requirement for criminal history background checks in hiring for certain employment.
I am very interested in reducing recidivism (keeping criminals from going back to prison) in Colorado. The number one barrier to success for felons returning to the streets is the lack of ability to get a job. The number one reason employers don’t hire felons is because they fear they will be sued just for hiring felons. This bill clarifies liability for employers and gives them an opportunity to take a chance on a felon where appropriate.
Signed into law by the Governor on 3/29/2010