Negligent Hiring Immunity

COL11282017 CH. 6 FAIR CHANCES HIRING PROCESS ACT

(a)A cause of action may not be brought against an employer for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has a pending criminal case or criminal history.

(b)This Section does not preclude a cause of action for negligent hiring or the failure of an employer to provide adequate supervision of an employee, if:

(1)the employer knew or should have known of the pending criminal case or criminal history; and

(2)the employee was convicted of an offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment, or under conditions substantially similar to those reasonably expected to be encountered in the employment, taking into consideration the factors listed in § 6102(d) of Article 1 of this Chapter.

(c)This Section does not create a cause of action or expand an existing cause of action.