Political Subdivisions May Not Pass Ban The Box Laws
As of July 1, 2017 no county or local government office in Indiana is allowed to pass their own Ban The Box laws. Instead, employers will be expected to follow federal and state laws that cover the hiring and screening process.
Indiana Senate Bill 312 prohibits "political subdivisions" from creating laws that say employers may not:
- Obtain or use criminal history data during the hiring process to the extent that is allowed by federal or state law.
- Ask about an applicant's criminal history or require the disclosure of criminal records prior to hiring an individual.
The new bill also explains that criminal histories for current or former employees may not be used as evidence against an employer (including their agents and employees) in a civil action based on the conduct of the employee or former employee if:
- The criminal history does not bear a direct relationship to the facts underlying the civil action.
- The records were sealed or expunged before the civil action occurred.
- The conviction was reversed or vacated or the individual was pardoned prior to the civil action.
- The person was not convicted.