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Crime victims get workplace protections

New law also bars use of erased criminal records in employment  decisions, affects wording of job application forms

     If your company's job application form asks questions about an applicant's criminal history, you will need to revise the wording by Oct. 1, 2002. A new law enacted by the state General Assembly this spring prohibits the use of erased criminal records in employment decisions. 
That's just one of the provisions of the law, which provides workplace protections not only to people with erased criminal records but also to employees who have been victims of a crime. 

Crime victims
     Public Act 02-136, An Act Concerning Employment Protection for Crime Victims, prohibits employers from firing or otherwise penalizing, threatening or coercing an employee for any of these reasons:

  • attending court proceedings or participating in a police investigation related to a criminal case in which the employee was a victim or the guardian of a minor, physically disabled or incompetent person who was a victim;

  • attending court proceedings or participating in a police investigation related to a homicide involving an immediate family member;

  • having a restraining order issued in a domestic violence case; or

  • having a protective order issued in Connecticut or another state.

Under the act, a "victim" is someone who has suffered direct or threatened physical, emotional or financial harm as the result of a crime. An employee may sue the employer, within 90 days of a violation, for damages and reinstatement.

Erased criminal records
The act also prohibits employers from:

  • requiring an employee or job applicant to disclose the existence of any arrest, criminal charge or conviction that has been erased; or

  • discharging, refusing to hire or otherwise discriminating against an employee or applicant on the basis of an arrest, charge or conviction that has been erased.

Employment application forms that contain any question regarding the applicant's criminal history must clearly and conspicuously state:

  • that the applicant is not required to disclose the existence of an arrest, criminal charge or conviction for which records have been erased;

  • the type of records subject to erasure under Connecticut law; and

  • that any person whose criminal records were erased will be considered to have never been arrested and may swear so under oath.

The type of records subject to erasure are those pertaining to:

  • a finding of delinquency or that a child was a member of a family with service needs;

  • a sentence as a youthful offender;

  • a criminal charge that was dismissed or nolled;

  • a criminal charge for which the person was found not guilty; and

  • a conviction for which the person received an absolute pardon.

More information/ sample wording
The provisions of the new law took effect on Oct. 1, 2002. 
For sample wording on the employment application form, click here. (This form is available to you in PDF format. PDF format allows you to view your form electronically on most computers. The freely available Adobe Acrobat reader is required to view and print PDF files.)