Civil Liability for Employers Hiring Ex-Offenders Act

Civil Liability for Employers Hiring Ex-Offenders Act 

Summary

This legislation would immunize employers who hire ex-offenders without a violent or sex offense from being sued on that basis alone.

Model Policy

{Title, enacting clause, etc.}

Section 1. {Title.}  This Act may be cited as the “Civil Liability for Employers Hiring Ex-Offenders Act.”

Section 2. {Limitations on Liability for Hiring Employee or Independent Contractor Convicted of a Nonviolent, Non-sexual Offense.}

(A) A cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for hiring an employee or independent contractor who has been convicted of a nonviolent, non-sexual offense.

(B)  In a negligent hiring action against an employer, general contractor, premises owner, or other third party for the acts of an employee or independent contractor that is based on a theory of liability other than that described by Subsection (a),  the fact that the employee or independent contractor was convicted  of a nonviolent, non-sexual offense before the employee or independent contractor’s employment or contractual obligation with the employer, general contractor, premises owner, or other third party,   as applicable, may not be introduced into evidence.

(C)  This section does not preclude any existing cause of action for failure of an employer or other person to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor  has been convicted of a nonviolent, non-sexual criminal offense may be   introduced into evidence in the suit only if the employer:

(1)    knew of the conviction or was grossly negligent in not knowing of the conviction; and

(2)        the conviction was directly related to the nature  of the employee’s

or independent contractor’s work and the conduct that gave rise to the alleged injury that is the basis of the suit.

(D)  The protections provided to an employer, general contractor, premises owner, or third party under this section do not apply in a suit concerning:

(1)  the misuse of funds or property of a person other than the employer, general contractor, premises owner, or third  party, by an employee or independent contractor, if, on the date the  employee or independent contractor was hired, the employee or independent contractor had been convicted of a crime that includes  fraud or the misuse of funds or property as an element of the offense, and it was foreseeable that the position for which the employee or independent contractor was hired would involve  discharging a fiduciary responsibility in the management of funds  or property;

(2)  the misappropriation of funds by an employee or independent contractor, if the employee or independent contractor was hired as an attorney and, on the date the employee or   independent contractor was hired, the employee or independent contractor had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense; or

(3)  a violent offense or an improper use of excessive force by an employee or independent contractor, if the employee or independent contractor was hired to serve as a law enforcement  officer or security guard.

Section 3. {No Implication of Liability in Situations Not Covered by This Legislation.}

(A) This enactment shall not be interpreted as implying a cause of action exists for negligent hiring of an ex-offender in factual situations not covered by this enactment.  In deciding whether liability exists in such cases, courts shall not presume that, because they are not covered in the protection herein, there is an legislative intent expressed through the passage of this enactment to extend liability in such cases where it is not already established.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

Approved by the ALEC Legislative Board, June 7, 2011

Keyword Tags: Corrections and Reentry, Employment, Justice Performance Project Task Force, Recidivism