['Recruiting and hiring']
['Negligent Hiring / Retention']
04/26/2024
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Summary of differences between federal and state regulations
Employer immunity from disclosure claims
In Connecticut, an employer/former employer may give a truthful statement of facts about an employee/former employee. However, blacklisting an employee in order to prevent that employee from obtaining or keeping employment is a crime. Also, with some exceptions, an employer may not keep, or subscribe to an entity that provides, information about a person’s character, skills, actions, or affiliations, if that information may affect that person’s ability to obtain or keep employment.
Arrest record inquiries
In Connecticut, an employer may not ask about erased arrest records. Employers who ask about arrest records must provide a notice in language provided at Connecticut General Statute 31-51i. Employers may not deny employment or discharge employees based on arrest records alone. Arrest record information on a job application may not be seen by anyone, except members of the personnel department, or the person in charge of personnel and the job interviewer. When considering employment applications, state agencies may not use erased arrest records or arrest records not followed by conviction.
This differs from the EEOC’s Notice N-915-061, which says, “Where it appears that the applicant or employee engaged in the conduct for which he was arrested and that the conduct is job-related and relatively recent, exclusion is justified.” According to the Notice, the employer must evaluate whether the arrest record reflects the applicant’s conduct. It should, therefore, examine the surrounding circumstances, offer the applicant or employee an opportunity to explain, and, if he or she denies engaging in the conduct, make the follow-up inquiries necessary to evaluate his/her credibility. Since using arrests as a disqualifying criteria can only be justified where it appears that the applicant actually engaged in the conduct for which he/she was arrested and that conduct is job-related, the EEOC concludes that an employer will seldom be able to justify making broad general inquiries about an employee’s or applicant’s arrests. Since business justification rests on issues of job relatedness and credibility, a blanket exclusion of people with arrest records will almost never withstand scrutiny, according to Notice N-915-061.
Conviction record inquiries
Connecticut encourages employers to consider qualified convicts for employment. An employer may not ask about erased conviction records. Employers who ask about conviction records must provide a notice in language provided at Connecticut General Statute 31-51i. Employers may not deny employment or discharge employees based on conviction records alone. Conviction record information on a job application may not be seen by anyone, except members of the personnel department, or the person in charge of personnel and the job interviewer.
State agencies may only deny convicts employment after they consider:
- Nature of the crime,
- How crime relates to the job,
- Amount of rehabilitation of person, and
- Time that has passed since the conviction and/or completion of the sentence.
State agency rejections based on conviction records must be in writing along with the evidence and reasons for rejection.
However, the EEOC’s Notice N-915 says, “Where there is evidence of adverse impact, an absolute bar to employment based on the mere fact that the individual has a conviction record is unlawful under Title VII [of the Civil Rights Act of 1964, as amended].” According to Notice N-915, an employer’s policy or practice of excluding individuals from employment on the basis of their conviction records is unlawful under Title VII in the absence of a justifying business necessity. To determine whether an employer’s decision was justified by business necessity, he/she must show that he/she considered three factors
- The nature and gravity of the offense or offenses;
- The time that has passed since the conviction and/or completion of the sentence; and
- The nature of the job held or sought.
State
Contacts
Employer immunity from disclosure claims
Connecticut Department of Labor
Arrest record inquiries
Connecticut Commission on Human Rights and Opportunities
Connecticut Department of Labor
Conviction record inquiries
Connecticut Commission on Human Rights and Opportunities
Connecticut Department of Labor
Regulations
Employer immunity from disclosure claims
Connecticut General Statute 31-51, Blacklisting
www.cga.ct.gov/2011/pub/Chap557.htm#Sec31-51.htm
Connecticut General Statute 31-105, Unfair labor practices
www.cga.ct.gov/2011/pub/Chap561.htm#Sec31-105.htm
Connecticut General Statute 31-134, Information agencies; records inspection
www.cga.ct.gov/2011/pub/Chap561.htm#Sec31-105.htm
Arrest record inquiries
Connecticut General Statute 31-51i, Employer inquiries about erased criminal records prohibited. Discrimination on the basis of erased criminal records prohibited. Erased and nonerased criminal records on employment application forms
www.cga.ct.gov/2011/pub/Chap557.htm#Sec31-51i.htm
Connecticut General Statute 46a-79, State policy re employment of criminal offenders
www.cga.ct.gov/2011/pub/Chap814c.htm#Sec46a-79.htm
Connecticut General Statute 46a-80, Denial of employment based on prior conviction of crime. Dissemination of arrest record prohibited
www.cga.ct.gov/2011/pub/Chap814c.htm#Sec46a-80.htm
Conviction record inquiries
Connecticut General Statute 31-51i, Employer inquiries about erased criminal records prohibited. Discrimination on the basis of erased criminal records prohibited. Erased and nonerased criminal records on employment application forms
www.cga.ct.gov/2011/pub/Chap557.htm#Sec31-51i.htm
Connecticut General Statute 46a-79, State policy re employment of criminal offenders
www.cga.ct.gov/2011/pub/Chap814c.htm#Sec46a-79.htm
Connecticut General Statute 46a-80, Denial of employment based on prior conviction of crime. Dissemination of arrest record prohibited
www.cga.ct.gov/2011/pub/Chap814c.htm#Sec46a-80.htm
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published Notice N-915-061, September 7, 1990, "Policy Guidance on the Consideration of Arrest Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (1982)."
Conviction record inquiries
None; however, EEOC published Notice N-915, February 4, 1987, "Policy Statement on the Issue of Conviction Records under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (1982)."
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.