HB5334 - Employee Background Fairness Act

• Prohibits employers from refusing to hire or discharging individuals based on criminal history unless the individual has a conviction with a direct relationship to the specific employment sought.

• Requires employers to provide written notice including the specific conviction(s), a copy of any criminal history report, and a minimum 7-day period for the individual to provide information about inaccuracies or mitigating circumstances.

• Mandates employers conduct a good faith, individualized assessment of any evidence of rehabilitation or mitigation and the individual's fitness for the position before making a final decision.

• Prohibits retaliation or discrimination against individuals who file complaints, testify, or oppose violations of the Act, and makes waivers of rights under the Act invalid and unenforceable.

• Allows individuals denied or discharged employment in violation of the Act to recover minimum damages of $2,000 or actual damages (whichever is greater), plus costs, reasonable attorney fees, and potentially punitive damages.