The "Ban the Box Act of 2025" aims to amend the South Carolina Code of Laws by prohibiting job applications from including questions about criminal convictions unless such convictions are directly related to the job or license being sought. The bill establishes a policy to support the rehabilitation of criminal offenders and outlines definitions for terms such as "conviction of crime," "hiring or licensing authority," and "public employment." It specifies that employers cannot inquire about an applicant's criminal history until after an interview or a conditional job offer, with certain exceptions for specific job categories, such as those in the Department of Corrections or financial institutions.
Additionally, the bill stipulates that individuals cannot be disqualified from public employment or licensure solely based on prior convictions unless those convictions are directly relevant to the position. It requires hiring authorities to consider various factors when determining the relevance of a conviction, including the nature of the crime and the time elapsed since the offense. The act also mandates that if an individual is denied employment due to a criminal record, they must be informed of the reasons and the process for reapplication. Penalties for violations of this act are outlined, with varying fines based on the size of the employer, and the provisions of this act take precedence over other laws regarding employment and licensing based on criminal convictions.
Statutes affected: 01/16/2025: 41-1-23
Latest Version: 41-1-23