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Puerto Rico Senate committees weigh bills to limit employers’ use of criminal records in hiring
Summary
Senate committees heard testimony May 21, 2021, on two bills (S.144 and S.147) that would prohibit employment discrimination for having a criminal record and limit when and how employers and licensing boards may use criminal-history certificates. Agencies and advocates agreed on the goal of reinsertion but clashed on definitions, statutory conflicts and victim protections.
SAN JUAN — A joint hearing of three Senate committees on May 21, 2021, drew competing views on two bills that would restrict employers’ use of criminal-history records in hiring and in licensing decisions.
Sen. Joan Rodríguez Bebe’s bill, S.144, and the related S.147 (sponsored in the text shown by Henry Newman Sayaz and José Vargas Vidot) seek to make discrimination for having a criminal record a prohibited practice and to narrow when a prospective employer or licensing board may request a certificate of criminal history. Chairing senators set strict time limits and asked agencies to file supplemental memorials answering unresolved legal and operational questions.
The Department of Justice told the committees it does not endorse certain amendments and recommended changes to avoid legal conflicts. "El Departamento de Justicia no avala la enmienda, pues lo propuesto implicaría la ocurrencia de conflictos legales, sustanciales y una situación jurídica anómala," said Elba Cruz Rodríguez, who represented DOJ. DOJ officials…
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