SB 35
Limiting liability of employers for persons whose criminal records are expunged
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to limit the liability of West Virginia employers when hiring individuals whose criminal records related to drug addiction have been expunged. It requires the creation of a database to track expungements and mandates that courts can cross-reference this database in employment-related legal actions. Specifically, the bill states that employers are not liable for providing health insurance or covering healthcare costs for employees whose drug-related offenses have been expunged if they subsequently relapse into drug use or addiction.
Key provisions
- Establishes a database to track expunged drug addiction-related offenses.
- Requires courts to cross-reference the database in employment-related legal actions.
- Exempts employers from liability for furnishing health insurance or healthcare costs to expunged employees related to drug addiction.
- Allows employers to opt-out of return-to-work initiatives for recovering addicts.
- Provides an employer with the ability to request a court cross-reference search to determine if an employee is in the expungement database.
- Employers are not responsible for the cost of the cross-reference search.
- Employers are not liable for civil or criminal offenses committed by an employee whose drug addiction related offense or disease that is expunged under any provision of this code.
- Employers may voluntarily sign a waiver agreeing not to provide health insurance coverage.
Who is affected
- Employers
- Job applicants
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