SB3194 - Employee Background Fairness Act

• Prohibits employers from refusing to hire or discharging employees based on criminal history unless there is a direct relationship between one or more convictions and the specific employment sought.

• Bars employers from considering arrests without conviction, participation in diversion programs, vacated or expunged convictions, juvenile court adjudications, and offenses other than felonies or misdemeanors.

• Requires employers to provide written notice before taking adverse action, including a copy of the criminal history report, specific convictions at issue, and a clear statement that the applicant or employee may provide information about inaccuracies, prohibited inquiries, or mitigating circumstances within 7 days.

• Mandates employers conduct a good faith individualized assessment of any information provided and hold the position open during the review period, then provide a final written determination with appeal process information and earliest reapplication date.

• Allows applicants or employees to recover damages of $2,000 or actual damages (whichever is greater), costs, reasonable attorney's fees, and other appropriate relief including punitive damages for violations, while protecting employers from civil liability except for willful or wanton misconduct.