SB327 Alabama 2016 Session

Summary

Primary Sponsor

Quinton Ross

Democrat

Session

Regular Session 2016

Title

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

Summary

SB327 would stop employers and licensing authorities in Alabama from asking about an applicant's criminal history until after a conditional job offer or being found otherwise qualified, with exceptions for directly related offenses, and it creates recordkeeping and enforcement requirements.

What This Bill Does

It prevents employers from asking about or considering an applicant's conviction history until after the applicant has received a conditional job offer, with an exception if the conviction is directly related to the position. It prevents licensing authorities from evaluating conviction history until the applicant is found to be otherwise qualified, with a similar exception for directly related offenses. It requires employers to maintain certain records about conviction history and keeps background check information confidential, with the Department of Labor enforcing these rules. It allows disqualification only when the conviction is directly related to the job or occupation, requires written notice to applicants if denial or disqualification is planned, and establishes penalties, audits, and civil remedies for violations.

Who It Affects

• Job applicants: cannot be asked about criminal history before a conditional offer and can only be disqualified if the conviction is directly related to the job or occupation.
• Employers (including state agencies and private employers with four or more employees): must follow the new rules, keep required records, and allow the Department of Labor to access records.
• Licensing authorities: cannot inquire into or consider conviction history until the applicant is found otherwise qualified, with exceptions for directly related offenses.
• Department of Labor: charged with enforcement, audits, handling complaints, and monitoring compliance.

Key Provisions

• Prohibits employer inquiries into conviction history until after a conditional job offer, with an exception for directly related offenses.
• Prohibits licensing authorities from inquiring into conviction history until the applicant is found otherwise qualified, with an exception for directly related offenses.
• 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, including audits, complaints handling, and penalties; pre-2018 violations receive warnings and post-2018 violations can incur fines up to $1,000 for a first violation and up to $2,000 for subsequent violations.
• Disqualification standards: an applicant may be disqualified only if the conviction is directly related to the job or occupation, with criteria to determine direct relation.
• Notice requirement: if denial or disqualification is contemplated, the employer must provide written notice of the specific offenses and a copy of the conviction history report.
• Bond-related exception: for positions requiring a fidelity bond, certain offenses may still be considered for inquiry.
• Record retention: employers must keep records for at least three years and allow the Department of Labor access for compliance monitoring.
• Effective date: the act becomes effective January 1, 2017.

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