Mississippi 2023 Regular Session

Mississippi House Bill HB1441

Introduced
1/16/23  
Refer
1/16/23  

Caption

"Ban-the-Box Act"; create to prohibit public employers from using criminal history as a bar to employment.

Impact

The act compels public employers to refrain from inquiring about criminal history during the initial stages of the application process. Employers can only seek such information after an applicant has been interviewed and has provided a signed waiver authorizing the release of their criminal history. If a background check reveals a criminal history, employers must consider various factors, such as the nature of the offense, the time elapsed since the offense, and any rehabilitation efforts made by the applicant, before making employment decisions.

Summary

House Bill 1441, known as the 'Ban-the-Box Act', aims to prohibit certain public employers from using an applicant's criminal history as a preliminary barrier to employment. This law applies specifically to public employers within the state of Mississippi, which includes state agencies, institutions, and authorities. The core intent of the act is to promote fairness in hiring practices by ensuring that applicants are not disqualified solely based on their criminal records before they have the chance for an interview or consideration for employment.

Contention

There are notable points of contention concerning the scope of this legislation. While proponents argue it reduces discrimination against individuals with past convictions and promotes equality in job opportunities, critics express concern over potential safety implications, especially in positions that deal with vulnerable populations such as children or the elderly. Furthermore, the bill does not apply to private employers, leaving a gap in protections across different sectors of employment, which some believe undermines its overall effectiveness.

Companion Bills

No companion bills found.

Previously Filed As

MS HB34

"Ban-the-Box Act"; create to prohibit public employers from using criminal history as a bar to employment.

MS HB62

"Donald J. Trump Ban-the-Box Act"; create to prohibit public employers from using criminal history as a bar to employment.

MS HB201

"Donald J. Trump Ban-the-Box Act"; create to prohibit public employers from using criminal history as a bar to employment.

MS SF155

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

MS HB4264

Labor: fair employment practices; job applicant's credit history; prohibit an employer from inquiring about. Creates new act.

MS HB3585

Relating to the employment policies of and criminal history record information obtained by mental hospitals and mental health facilities and the prohibited employment of certain applicants based on criminal history record information.

MS SB767

Hiring practices; creating the Fair Chance Hiring Practices by Public Employers Act; prohibiting certain employment practices. Effective date.

MS SB767

Hiring practices; creating the Fair Chance Hiring Practices by Public Employers Act; prohibiting certain employment practices. Effective date.

MS HB636

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

MS HB1164

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

Similar Bills

No similar bills found.