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REFERENCE TITLE: criminal background checks; employees |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1471 |
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Introduced by Senator Gray
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AN ACT
amending title 44, Arizona Revised Statutes, by adding chapter 35; relating to business employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 35, to read:
CHAPTER 35
BUSINESS EMPLOYEES
ARTICLE 1. GENERAL PROVISIONS
44-7801. Definitions
In this chapter, unless the context otherwise requires:
1. "Background check" means either of the following:
(a) A fingerprint clearance card issued by the department of public safety.
(b) A state and federal criminal history records check provided by any of the following:
(i) a private investigator licensed pursuant to title 32, chapter 24.
(ii) the Department of Public Safety in conjunction with the employee or prospective employee obtaining a fingerprint clearance card pursuant to section 41-1750.
(iii) a reputable company that specializes in providing criminal history records checks on private individuals.
2. "employee" means a person who is required to enter a private residence in the course of official business while employed by an employer.
3. "Employer" means a company or individual who has employees and includes a person who hires subcontractors who are required to enter private residences to fulfill the requirements of their employment.
4. "Prospective employee" means a person who is in the process of obtaining an offer of employment from an employer or who has received a conditional offer of employment from an employer.
44-7802. Causes of action; false background check; employer liability
A. A person may not bring a cause of action against an employer who has established a background check program unless the employer's action is based on a false background check, the employer knew or clearly should have known that the result was in error and the employer ignored the true background check result out of reckless or malicious disregard for the truth or the willful intent to deceive or be deceived.
B. In any claim, including a claim under this article, if it is alleged that an employer's action is based on a false background check result both of the following apply:
1. There is a rebuttable presumption that the background check result is valid if the employer complies with this article.
2. The employer is not liable for monetary damages if its reliance on a false background check result is reasonable and in good faith.
C. An employer is not liable for any action taken related to a false background check result.
44-7803. Limits to defamation of character, libel, slander or damage to reputation causes of action
A person may not bring a cause of action for defamation of character, libel, slander or damage to reputation against an employer who has established a background check program unless all of the following apply:
1. The results of the background check were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the employee or prospective employee who is the subject of the background check or any other person authorized or privileged by law to receive the information.
2. The information disclosed was a false background check result.
3. The false background check result was disclosed negligently.
4. All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied.
44-7804. Presumption employer not negligent
In an action brought against an employer for criminal acts or omissions of an employee, there is a rebuttable presumption that the employer has not acted negligently if both of the following apply:
1. The employer establishes a background check policy pursuant to this article.
2. The employee's background check does not show past criminal history.