House approves temporary liability protections to encourage hiring of people with criminal records

The Utah House on Feb. 23 approved a bill that narrows civil exposure for employers who hire individuals with prior convictions in certain supervised, vocational industries in an effort to expand employment opportunities for people reentering the workforce.

Representative Kristofferson, presenting the bill, said the measure prevents a cause of action from being brought against an employer for negligently hiring an employee "based solely on evidence that the employee has been previously convicted in this state or in another jurisdiction of an offense" in specified categories such as automotive repair, construction, culinary arts, manufacturing, oil and gas, retail, and transportation. He and supporters stressed the bill does not protect employers if hiring amounts to willful misconduct or gross negligence or if the employer places an employee in a role where foreseeable risks arise (for example, hiring a person convicted of fraud into an accounting role).

Backers emphasized workforce and reentry benefits. Representative (floor speaker) who volunteered with prison programming said many returning citizens gain vocational skills while incarcerated and need opportunities to reenter employment. The bill includes a sunset date of July 1, 2025, for review and potential repeal if the policy does not perform as intended.

SB95 passed the House by voice and recorded a floor tally of 70 yes and 1 no; the bill will be returned to the Senate for further consideration.

Next steps: the bill will be returned to the Senate. The sunset date provides a statutory review point and a mechanism to discontinue the policy if stakeholders report adverse outcomes.