Expanding Childcare Criminal Record Checks (S 2960)

We noted our appreciation for the second part of this legislation, which would no longer require individuals working or volunteering with children in various contexts to pay for the “privilege” of being fingerprinted. However, we noted that Rhode Island General Laws §28-6.3-1 has long provided that “[n]o employer or agent of any employer shall charge a fee for the filing of an employment application.” Too often, though, that law has been undermined by other statutes, like those this bill would address, that require job applicants – and even volunteers – to pay for the “privilege” of being fingerprinted and having to prove their innocence. The requirement is all the more egregious since the occupations for which this fee payment is demanded are often low-paying and female-dominated jobs and positions.  

The General Assembly had good reason to ban employment application fees, but having to pay for a background check is, for all intents and purpose, precisely that kind of fee. If the state believes that a criminal record check is an essential component of being hired for a job, the state should take the responsibility for paying for it. However, we are very concerned about the first part of this bill, which would vastly increase the range of people who would be required to undergo criminal background checks if they work or volunteer with children.