(a) It is unlawful for any employer or
prospective employer to require a person to inspect or challenge any criminal
history record information relating to that person for the purpose of obtaining
a copy of the person's record in order to qualify for employment.
(b) Any person violating the provisions of this
section shall be deemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection
(a) or any other provision of this act, an employer may require a job applicant
or a prospective independent contractor to sign a release allowing the employer
to access the applicant's or independent contractor's criminal history record
information for purposes of determining the applicant's fitness for employment.
(d) The bureau may charge an employer a
reasonable fee for the preparation of a report detailing such criminal history
record information, and pursuant to rules and regulations may establish a fee
schedule or charge varying rates depending upon the quantity of information
provided.
(e) The bureau shall be immune from any and all
claims or causes of action arising from the release of criminal history record
information provided to an employer pursuant to a release signed by a job
applicant.
(f) No employer shall be liable for any
employment decision or decision to enter into a contract with an independent
contractor based upon knowledge of such criminal history record information,
provided the information that led to the employment or contracting decision
reasonably bears upon the independent contractor's, applicant's or employee's
trustworthiness, or the safety or well-being of the employer's employees or
customers.