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Sec. 31-51i |
Last Updated:
May 20, 2009 |
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Wage and Workplace Standards
Sec. 31-51i
Sec. 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.
- For the purposes of this section, "employer" means any person
engaged in business who has one or more employees, including the state or any
political subdivision of the state.
- No employer or an employer's agent, representative or designee may require
an employee or prospective employee to disclose the existence of any arrest,
criminal charge or conviction, the records of which have been erased pursuant
to section 46b-146, 54-76o or 54-142a.
- An employment application form that contains any question concerning the
criminal history of the applicant shall contain a notice, in clear and
conspicuous language: (1) That the applicant is not required to disclose the
existence of any arrest, criminal charge or conviction, the records of which
have been erased pursuant to section 46b-146, 54-76o or 54-142a, (2) that
criminal records subject to erasure pursuant to section 46b-146, 54-76o or
54-142a are records pertaining to a finding of delinquency or that a child was
a member of a family with service needs, an adjudication as a youthful
offender, a criminal charge that has been dismissed or nolled, a criminal
charge for which the person has been found not guilty or a conviction for
which the person received an absolute pardon, and (3) that any person whose
criminal records have been erased pursuant to section 46b-146, 54-76o or
54-142a shall be deemed to have never been arrested within the meaning of the
general statutes with respect to the proceedings so erased and may so swear
under oath.
- No employer or an employer's agent, representative or designee shall deny
employment to a prospective employee solely on the basis that the prospective
employee had a prior arrest, criminal charge or conviction, the records of
which have been erased pursuant to section 46b-146, 54-76o or 54-142a.
- No employer or an employer's agent, representative or designee shall
discharge, or cause to be discharged, or in any manner discriminate against,
any employee solely on the basis that the employee had, prior to being
employed by such employer, an arrest, criminal charge or conviction, the
records of which have been erased pursuant to section 46b-146, 54-76o or
54-142a.
- The portion of an employment application form which contains information
concerning the criminal history record of an applicant or employee shall only
be available to the members of the personnel department of the company, firm
or corporation or, if the company, firm or corporation does not have a
personnel department, the person in charge of employment, and to any employee
or member of the company, firm or corporation, or an agent of such employee or
member, involved in the interviewing of the applicant.
- Notwithstanding the provisions of subsection (f) of this section, the
portion of an employment application form which contains information
concerning the criminal history record of an applicant or employee may be made
available as necessary to persons other than those specified in said
subsection (f) by:
- A broker-dealer or investment adviser registered under chapter 672a in
connection with (A) the possible or actual filing of, or the collection or
retention of information contained in, a form U-4 Uniform Application for
Securities Industry Registration or Transfer, (B) the compliance
responsibilities of such broker-dealer or investment adviser under state or
federal law, or (C) the applicable rules of self-regulatory organizations
promulgated in accordance with federal law;
- An insured depository institution in connection with (A) the management of
risks related to safety and soundness, security or privacy of such
institution, (B) any waiver that may possibly or actually be sought by such
institution pursuant to section 19 of the Federal Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual obtaining by such institution of any
security or fidelity bond, or (D) the compliance responsibilities of such
institution under state or federal law; and
- An insurance producer licensed under chapter 701a in connection with (A)
the management of risks related to security or privacy of such insurance
producer, or (B) the compliance responsibilities of such insurance producer
under state or federal law.
Workplace
Laws
Published by the Connecticut Department of Labor, Project Management Office