Labor and Public Employees Committee
Bill No.: HB-6474
AN ACT CONCERNING COLLATERAL EMPLOYMENT CONSEQUENCES OF A
Title: CRIMINAL RECORD.
Vote Date: 3/23/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/4/2021
File No.:
JOINT FAVORABLE REPORT
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Labor and Public Employees Committee
REASONS FOR BILL:
After completing their sentences and being released back into society, former inmates are
unable to obtain jobs, admission to schools, or housing.
RESPONSE FROM ADMINISTRATION/AGENCY:
STATE OF CONNECTICUT, EXTERNAL AFFAIRS DIVISION, JUDICIAL BRANCH
As currently drafted, Section 3 conflicts with CT General Statutes (section 3 (b)) with respect
to private employers. Section 31-51 prohibits employers from denying employment solely on
the basis of a prior conviction for which the prospective employee has received a certification
of rehabilitation. This proposal would now allow employers to base a hiring decision solely on
prior convictions, regardless of whether the applicant has gotten a certificate of rehabilitation.
This would remove much of the protection a certification of rehabilitation provides.
NATURE AND SOURCES OF SUPPORT:
KATHLEEN FLAHERTY, ESQ, EXECUTIVE DIRECTOR, CT LEGAL RIGHTS PROJECT,
INC.
Too often, people with mental health conditions end up interacting with the criminal legal
system when they engage in disability-related behavior after not getting access to voluntary
services and supports. If we want people who have been arrested and/or convicted to
successfully re-enter society, we need to provide them the opportunity to do so. When
employers rely on criminal records to screen out potential employees, there is a
disproportionate impact on people who are Black and Hispanic. If we are going to address
long-standing systemic inequities, we need to change our existing practice.
CARLOTTA J. GILES, CHAIRPERSON, STATE OF CT. BOARD OF PARDONS AND
PAROLES
Although they support efforts to address the collateral employment and licensing
consequences of a criminal record, they would like to flag some concerns. They share the
concerns raised by the Judicial Branch. There are sections in the language that distribute
authority, but there are also sections that cause conflict. As drafted, there are sections that
remove much of the protection certification of employment would provide and this could
frustrate the purpose of the bill. The term "criminal history record information" is narrower
than that used by CT Gen. Statutes. As now written in this bill, this applies only to the
records of the Judicial Department and doesn't include records maintained by the state's
criminal justice agencies. This allows the use of these records to be used by other agencies
to make licensing decisions. They suggest clarification of whether the "criminal history record
information" applies to the records of arrest or records of conviction which have been erased.
As the agency with exclusive jurisdiction over pardons and shared jurisdictions over
certificates of employability, they request the language in Section 9 (b) be amended to
include the Chairperson of the Board of Pardons and Paroles, or the Chairperson's designee,
as a member of the Council on the Elimination of Occupational License Collateral
Consequences established by the bill.
TANYA HUGHES, EXECUTIVE DIRECTOR
CHERYL SHARP, DEPUTY DIRECTOR, COMMISSION ON HUMAN RIGHTS AND
OPPORTUNITIES
Barriers faced by individuals with a criminal record as they re-enter the community following
release from incarceration negatively affects their success in going back to daily events many
of us take for granted such as living in a home/apartment, going to work/school, or training for
professional licenses. They support expanding Section 3 to give opportunities to all
employers both public and private. This encourages potential employees to consider
submitting applications for positions they may not otherwise have considered given their
criminal history. Expanding the balancing test to all licensing agencies would provide a wider
degree of professional opportunities for jobseekers to enhance their skill set and position
themselves for higher paying jobs.
KELLY McCONNEY MOORE, INTERIM SENIOR POLICY COUNCIL, AMERICAN CIVIL
LIBERTIES UNION OF CT.
They believe in a society where all people, including those who have been convicted of or
accused of a crime, have equal opportunity to contribute to society and build successful and
fulfilling lives. People who finish their sentences have paid their debt to society and deserve
to live their lives in CT's communities without barriers to being happy, productive law-abiding
residents. The unemployment rate among formerly incarcerated people nationwide is 27%,
more than 6.5 times the overall employment rate in CT. Because so many formerly
incarcerated job seekers are kept out of the workforce, the gross national product is greatly
reduced. Over 45% of men do not have any earnings for the first year after being released.
Wages do not recover for most people since incarnation is linked to decreases in subsequent
annual earnings, an average of 52%. This situation worsened after COVID-19. People living
with criminal records are less likely to have access to unemployment insurance, sick leave,
health insurance, and rainy-day savings. After the pandemic ends, these people will be the
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last to see their unemployment rates lower. These effects are not distributed equally across
society with racial disparities among Black and Latino men being disproportionately
incarcerated. Every person with a criminal record who has served their sentence and re-
entered society should have an equal opportunity to build a successful and fulfilling life. The
barriers to employment should be eliminated for people living with a criminal record.
MICHELE MURDICK, LEGISLATIVE ADVOCATE, SOUTHERN NEW ENGLAND
CONFERENCE UNITED CHURCH OF CHRIST
CT residents with criminal records, including those returning home form incarceration, on
parole, and on probation, face challenges as they search for jobs and housing, apply for
insurance and credit, and attempt to participate in public programs. There are hundreds of
legal barriers to supporting themselves and their families. They have paid their debt to
society and should be able to build a productive life and get gainful employment. Because of
systemic racism, the collateral consequences disproportionately harm Black and Latinx
people and their families and communities. All God's children deserve a second chance to
get their lives on track.
AMY EPPIER-EPSTEIN, NEW HAVEN LEGAL ASSISTANCE ASSOCIATION, RE-ENTRY
CLINIC
Prospective employees across the state should be given fair consideration based on their
qualifications and not judged solely on the basis of past criminal convictions. They have
suggestions to offer. The definition of "criminal history record information" must be fully
inclusive of all possible past experiences with the justice system by including any information
from state/local police, consumer reporting agencies relating to arrests, releases, detentions,
indictments, or other formal criminal charges. This bill as written does not offer strong
enough protection to individuals with pending charges. The process of court hearings is long,
and individuals are precluded from employment during this time. This can cause severe
economic stress. "Innocent until proven guilty" serves as the bedrock of this nation's criminal
justice system. They frequently see the devastating impacts that collateral consequences
related to employment can have on someone's efforts to re-enter society and successfully
pursue a happy and fulfilling future. They have already paid a heavy price for their actions
and deserve the ability to build a productive life through gainful employment.
ANDREW OSMUN, NEW HAVEN RESIDENT
He is the parent of an individual with a criminal record and is award of the impact of collateral
consequences resulting from the labyrinth of restrictions in various statutes. His testimony
said the best outcome is when the worst thing an individual did does not govern every aspect
of their life. When they demonstrate their growth and rehabilitation, they should be able to
become productive members of society. Everyone wins. They contribute taxes, productivity,
reduce dependency and thereby reduce costs to the state and their municipality. It is time for
society to make the effort to enable all persons to live successful lives, no longer erecting or
leaving barriers in place.
PROFESSIONAL CERTIFICATION COALITION
While they appreciate this bill's goal to reduce recidivism by making it easier for an ex-
offender to earn a living in certain occupations, in its current form this bill intrudes on the
rights of private associations and organizations to enforce ethics codes or eligibility
requirements and weakens important protections for the public in licensure decisions. They
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ask the bill to be amended to address these issues. The objectives must be balanced against
the need to protect the public and the ability of both state licensing bars and private
organizations to consider relevant conduct for which the individuals have been provided full
due process. They ask Section 4 be amended to add a fourth basis on which a licensing
agency may determine that denial of an occupational license is consistent with business
necessity: "The offense reflects that the person poses a threat to the health, safety, or welfare
of members of the pubic the individual would encounter in the practice of the occupation".
JASON WASSERMAN, PRESIDENT, RESTORATIVE ACTION ALLIANCE
This bill is needed to help remove countless obstacles that people face, sometimes long after
completing their sentences. He has an MBA and years of experience, and yet securing
employment was extremely difficult after a conviction in 2010. His skills, obtained long before
his conviction, allowed him to reinvent himself and recreate a successful career. Collateral
consequences are tricky because they can last for decades and appear at any time. Last
year, an investment firm fired him as a client after 20 years because of his conviction even
though his financial advisor vouched for him. When he attempted to replace a term life
insurance policy to protect his loved ones, he was denied. The state granted his request for
a pardon hearing and the Pardon and Paroles Board voted unanimously to grant him a
pardon in recognition of the contributions he made to his community. He recognized that he
comes from a place of privilege and the collateral consequences that he and his family
encountered pale in comparison to the issues faced by most people with convictions. He
urges passage to provide much-needed relief to many.
NATURE AND SOURCES OF OPPOSITION:
ZACH McKEOWN, SENIOR LEGISLATIVE ASSOCIATE, CCM
Past mistakes, particularly those made during youth, should not be a barrier for employment.
However, there are positions, particularly within municipal government where a person's
criminal history or background is important and should be accessible prior to making
employment decisions. They ask that municipalities be able to consider prior criminal records
for certain sensitive positions and special exclusions be provided for jobs requiring
employees to interact with youth, vulnerable populations, or deal with finance.
ERIC GJEDE, VICE PRESIDENT OF GOVERNMENT AFFAIRS, CBIA
They support the intent of the bill but oppose it as drafted. Such constructive re-entry
initiatives need to be balanced with reasonable protections that address the valid concerns of
employers. They feel it will make the expensive process of hiring longer and less certain. It
will impose vague standards on employers in making hiring decisions and make people with
a criminal background a protected class. It also fails to provide adequate protections for
employers from certain liabilities. The bill provides for an individual assessment of a job
applicant based on a variety of factors related to their criminal history. After doing the
assessment, they can determine denial if it is "consistent with business necessity". The test
used is vague. They suggest more concrete criteria be considered. The language does not
provide guidance on how to establish a "substantial nexus" between a job and a past criminal
history, what information should be used to substantiate successful rehabilitation and what
amount of time is required to have elapsed since the underlying criminal act. This guidance
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is critical. These questions must be answered to defend a discrimination claim. Other
jurisdictions have passed bi-partisan legislation intended to help people with criminal records
access employment and have included language protection for employers for liabilities
associated with such hires.
NATIONAL FEDERATION OF INDEPENDENT BUSINESS
They have concerns with aspects of the bill as drafted and urge rejection. They believe this is
both too broad and vague in key places and could put small employers in untenable positions
from both liability and compliance standpoints. It is important to note that existing federal and
state laws and rules, including the most recent EEOC Criminal Check guidance for
employers, are applicable, serve to protect individuals from discriminatory selection
procedures, and employers are familiar with their obligations under such. Employers should
be able to consider the seriousness of an offense, the time elapsed since a particular offense,
and the relevance of a particular offense to a job being sought. This bill also creates a new
protected class of job applicants under the CHRO statutes. Employers are also concerned
about potential liabilities that may arise during or after the hiring process despite the
language. The Governor's Bill 6445 is a positive and common-sense approach to removing
barriers to workforce entry.
Reported by: Marie Knudsen, Assistant Clerk Date: March 30, 2021
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Statutes affected:
Raised Bill:
LAB Joint Favorable Substitute: 20-195p, 20-195ee, 20-195qqq, 20-206s, 20-294, 20-363, 20-442a, 20-481, 29-158, 29-161v, 20-333
File No. 386: 20-195p, 20-195ee, 20-195qqq, 20-206s, 20-294, 20-363, 20-442a, 20-481, 29-158, 29-161v, 20-333