§ 46a-80 — (Formerly Sec. 4-61o). Denial of employment based on conviction information. Inquiry re prospective employee's conviction information. Dissemination of records and information prohibited.

Connecticut § 46a-80

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814c: Human Rights and Opportunities

Text

(a) Except as provided in subsection (c) of this section, subsection (b) of section 46a-81 and section 36a-489, and notwithstanding any other provisions of law to the contrary, a person shall not be disqualified from employment by the state or any of its agencies, nor shall a person be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate or registration is required to be issued by the state or any of its agencies solely on the basis of that person's conviction information, as defined in section 54-142g. (b) Except for a position for which any provision of the general statutes specifically disqualifies a person from employment by the state or any of its agencies on the basis of that person's conviction information, no employer, as defined in section 46a-80a , shall inquire about a prospective employee's conviction information until such prospective employee has been deemed otherwise qualified for the position in accordance with the provisions of section 31-51i . (c) A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business on the basis of that person's conviction information if, after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the state or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specific occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought. In making a determination under this subsection, the state or any of its agencies shall give consideration to a provisional pardon issued pursuant to section 54-130e , or a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e , and such provisional pardon or certificate of rehabilitation shall establish a presumption that such applicant has been rehabilitated. If an application is denied based on conviction information for which the applicant has received a provisional pardon or certificate of rehabilitation, the state or any of its agencies, as the case may be, shall provide a written statement to the applicant of its reasons for such denial. (d) If conviction information is used as a basis for rejection of an applicant, such rejection shall be in writing and specifically state the evidence presented and reasons for rejection. A copy of such rejection shall be sent by registered mail to the applicant. (e) In no case may erased criminal history record information, as defined in section 46a-80a , nonconviction information, as defined in section 54-142g , or criminal history record information, as defined in section 54-142g , apart from conviction information, be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration. (f) Nothing in this section shall permit any employer to discriminate on the basis of erased criminal history record information in violation of section 31-51i or section 46a-80e .

Legislative History

(P.A. 73-347, S. 3, 7; P.A. 80-422, S. 28; P.A. 09-209, S. 24; P.A. 10-142, S. 1; P.A. 14-27, S. 6; P.A. 21-32, S. 31.) History: P.A. 80-422 rephrased provisions and rearranged Subsecs.; Sec. 4-61o transferred to Sec. 46a-80 in 1981; P.A. 09-209 amended Subsec. (a) by adding exception for Sec. 36a-489; P.A. 10-142 made technical changes in Subsec. (a), added new Subsec. (b) prohibiting inquiry about prospective employee's past convictions until employee is deemed qualified for position unless statutes specifically disqualify persons with criminal convictions and redesignated existing Subsecs. (b) to (d) as Subsecs. (c) to (e); P.A. 14-27 amended Subsec. (c) to add provisions re state or its agencies to give consideration to provisional pardon or certificate of rehabilitation and such pardon or certificate to establish presumption of rehabilitation, and re state or agency to give written statement of reason for denial of employment when applicant received provisional pardon or certificate of rehabilitation; P.A. 21-32 replaced references to prior convictions with references to conviction information and made conforming changes, amended Subsec. (e) to replace reference to records of arrest or conviction with provision re erased criminal history record information, nonconviction information and criminal history record information and added Subsec. (f) re prohibiting discrimination on basis of erased criminal history record information, effective January 1, 2023. Cited. 43 CS 13.