Effective July 1, 2013, Indiana’s House Enrolled Act No. 1482 is a new law with which Indiana employers, including national employers based elsewhere that employ individuals in the state of Indiana, must comply. It prevents employers from discriminating against or refusing employment to a person based on his/her expunged or sealed conviction or arrest records.
Employment Application Requirement & Punishment for Failure to Comply
In Sec. 10(c) of HEA 1482, it explicitly states that in “any application for employment…a person may be questioned about a previous criminal record only in terms that exclude expunged convictions or arrests, such as: ‘Have you ever been arrested for or convicted of a crime that has not been expunged by a court?'” However, we urge you to consult with your employment law attorney for exact language appropriate for an employment application in your industry as in many cases asking about arrests of any sort on an employment application can be problematic.
It is critically important for Indiana employers to execute this change before July 1st as the law goes onto mention that any person that discriminates against an individual as the law describes, including soliciting information about arrests or convictions that have been expunged on an application for employment, is committing a Class C infraction and may be held in contempt of court.
What About Negligent Hiring Claims?
As a means to protect employers, the law allows for the introduction of an expungement order in judicial and administrative proceedings claiming negligent hiring, as evidence that an individual exercised appropriate care in the hiring process.
What if I Have Been Using the Same Employment Application for Applicants to Jobs in Different States, Including Indiana?
If your organization employs individuals in Indiana, as well as other states that do not require the new application language, please note that our applicant tracking software can create and support multiple external employment applications for your careers portal. Existing clients who are interested in learning more about this option should contact ExactHire Client Services.
How Can I Get the Conviction-Related Question Updated on my ATS?
Your ExactHire Client Services team can make this change very quickly and easily in your careers portal once you contact us and confirm exactly how you’d like the question worded. Again, we cannot offer legal advice and strongly urge you to contact your employment attorney to discuss how your application’s criminal record history-related question should be worded, as well as any examples of how Indiana state law HEA 1482 may be preempted by federal laws.
When we make this change in your portal, we can either reword the existing field on your application, or turn off the previous field and add a new field with the updated question text. Discuss these options with your Client Services representative to determine the best approach for your ATS application and organization. To update your existing application language, please contact us today at firstname.lastname@example.org.
Still using paper applications, but ready for a web-based recruiting portal? Contact ExactHire today for a free 14-day trial of our applicant tracking system.