November 2020

State Updates

 

Hawaii restricts criminal background checks further

10/01/2020

Author: ADP Admin/Wednesday, September 30, 2020/Categories: Compliance Corner , State Compliance Update, Hawaii

Hawaii has enacted legislation (Senate Bill 2193) that shortens the lookback period that's allowed when considering criminal conviction records for employment purposes. Senate Bill 2193 is effective immediately.


Background:

Under state law, employers may inquire about and consider criminal conviction records, provided that they wait until after they have extended a conditional job offer to do so and the records bear a rational relationship to the duties and responsibilities of the position. Prior to Senate Bill 2193, employers were limited to considering an applicant's conviction record from the most recent 10 years, excluding periods of incarceration.


Senate Bill 2193:

Effective immediately, Senate Bill 2193 limits employers to considering an applicant's criminal conviction record from the most recent seven years for felony convictions and five years for misdemeanor convictions, excluding periods of incarceration.


Compliance Recommendations:

Hawaii employers should review their background check procedures to ensure compliance with Senate Bill 2193. Please contact your dedicated service professional with any questions.

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