The proposed 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 may 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 a positive test for therapeutic levels of prescribed drugs will not be reported.

Key amendments include the introduction of specific conditions under which employers can conduct credit checks and drug testing, emphasizing the necessity for a direct relationship to job duties. The bill also increases the civil penalty for violations from $100 to $1,000 and includes provisions to protect employees from discrimination for filing complaints related to unlawful employment practices. The act is set to take effect on July 1, 2025.

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