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New Laws for 2021: HP 845 (Maine)

 

Effective October 18, 2021, a ban the box piece of legislation will go into effect in Maine.

Under the legislation, HP 845, employers in the state are prohibited from asking about an applicant’s criminal history on the initial application.  (Under the legislation, criminal history includes arrests, detentions, indictments, and involuntary commitments.)  However, once an applicant is determined to be qualified for the position (or during the interview process), employers are permitted to do a background check or ask about the applicant’s criminal history.

Of course, there are exceptions carved out, including for positions in which federal or state law create a “mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses” or for positions in which employers are “required by federal or state law or regulation or rule to conduct a criminal history record check for the position.”

While there are still a few weeks left for employers in Maine to prepare, now is as good of a time as any to make sure your hiring practices are in order.


For additional information:  http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0845&item=1&snum=130

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