HB412 Alabama 2016 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2016

Title

Employment practice, unlawful to inquire from job applicant information relating to arrests or conviction of crimes

Summary

HB412 would block early questions about a job or license applicant's criminal history, require conditional offers before considering convictions, and create recordkeeping and enforcement rules handled by the Department of Labor.

What This Bill Does

It prevents employers from asking about or using an applicant's conviction history until after a conditional job offer (unless the conviction is directly related to the job). It also prevents licensing authorities from considering conviction history until the applicant is found otherwise qualified (unless directly related to the occupation). Employers must keep certain records about conviction history, and the Department of Labor would enforce the rules, investigate complaints, and oversee compliance; there are notification requirements for potential denial and penalties for violations.

Who It Affects

• Job applicants and license applicants are protected from early conviction history inquiries and can only be evaluated after a conditional offer or after being found otherwise qualified; if a conviction could disqualify, they must be notified in writing.
• Employers, hiring authorities, licensing authorities, and the Department of Labor must follow new procedures, maintain records, monitor compliance, and face enforcement actions and potential fines for violations.

Key Provisions

• Prohibits employers from inquiring into or considering an applicant's conviction history until after a conditional job offer; exception if the conviction is directly related to the position.
• Prohibits licensing authorities from inquiring into or considering an applicant's conviction history until after the applicant is found otherwise qualified; exception if the conviction is directly related to the occupation.
• Requires employers to maintain certain employment and hiring records related to conviction history and to keep background check information confidential.
• Authorizes the Department of Labor to enforce the act, conduct audits, review contractor policies, and investigate complaints; allows civil actions and potential fines for violations.
• If denial or disqualification is planned based on conviction history, requires written notice with the specific offenses and a copy of the conviction history report.
• Defines key terms (Applicant, Employer, Hiring Authority, License, Licensing Authority, Occupation) and outlines the circumstances under which certain offenses may still disqualify a person (e.g., offenses required to bar employment or licensing).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Employment