Bill S.90, introduced by Senator Vyhovsky, aims to enhance employee privacy protections by restricting employers from conducting criminal history checks, credit checks, and drug testing unless there is a direct relationship between the information sought and the job duties of the employee or prospective employee. The bill amends existing laws to clarify that employers can only inquire about an applicant's criminal history after a conditional offer of employment has been made, and only if the inquiry is directly related to the job. Additionally, it establishes that employers must provide written notice regarding drug testing procedures and that positive tests for therapeutic levels of prescribed drugs will not be reported.

The bill also includes several amendments to existing statutes, such as increasing the civil penalty for violations from $100 to $1,000, and ensuring that employers cannot discriminate against employees or applicants who file complaints regarding unlawful employment practices. Furthermore, it emphasizes that any drug testing must have a direct relationship to the employee's ability to perform their job duties. The provisions of this act are set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 21-495i, 21-495j, 21-512, 21-513