A new law in Georgia protects employers from negligent hiring and retention claims by creating a presumption of “due care” for hiring and employing individuals with criminal backgrounds who have received a Program and Treatment Completion Certificate from the Department of Corrections or a grant of pardon from the State Board of Pardons and Parole. Governor Nathan Deal signed Senate Bill 365 on April 13, 2014.
The law is due to take effect on July 1, 2014, however, no timeline has been released for the Department of Corrections to implement the new certificate program.
This law is the third part of Deal’s criminal justice reform he has been working on since 2012 with the General Assembly and the Criminal Justice Reform Council. Deal said in a statement, “[t]he incentives and re-entry programs included in this legislation are cost-effective strategies that will increase the number of former offenders returning to the workforce and supporting their families."
If you have any questions about the Georgia law, please contact the Jackson Lewis attorney with whom you regularly work or Erin Krinsky, at firstname.lastname@example.org or (404) 525-8200, in our Atlanta office.