SB 2032

This bill requires an employer, including this state and its political subdivisions, that requires an employee or prospective employee to submit to a mental health evaluation as a condition of employment or prospective employment in a public safety posit ion ("public safety employer"") to grant such person reasonable access to their full employment record, including the results of a mental health evaluation or screening and any report from a qualified mental health professional or other evaluator. However, the employer may require that such access be during normal business hours. ""PUBLIC SAFETY POSITION"" DEFINED As used in this bill, a ""public safety position"" means employment in a position or job type that has as a primary focus the protection of persons or property, or the enforcement of laws, apprehension of criminals, or the prevention of crime. The term sp ecifically includes a law enforcement officer; a firefighter, emergency medical technician, or volunteer rescue squad worker; an individual licensed pursuant to the Emergency Medical Services Act of 1983; and an individual licensed or registered pursuant to the Private Protective Services Licensing and Regulatory Act. PROSPECTIVE EMPLOYEES If a prospective employee submits to a mental health evaluation or screening as a condition of prospective employment with a public safety employer, and the prospective employee is denied employment, in whole or in part, because of the results of the eva luation and screening, then the prospective employee must be granted reasonable access to the results of the evaluation or screening. The employer must (i) permit the prospective employee to submit the results of an alternative, equivalent mental health ev aluation or screening conducted by a qualified mental health professional, conducted at the prospective employee's expense and (ii) reevaluate the prospective employee using the submitted alternative evaluation or screening. CAUSE OF ACTION This bill authorizes an employee to bring a private cause of action for a violation of this bill against a public safety employer for declaratory or injunctive relief. A court must award to an employee who prevails in such action reasonable court costs and attorney fees. As used in this bill, an ""employee"" means an individual who performs services for a public safety employer for valuable consideration or on a volunteer basis, but such term does not include a self-employed independent contractor. ON MARCH 12, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2032, AS AMENDED. AMENDMENT #1 authorizes, instead of requires, a public safety employer to reevaluate a prospective employee who is denied employment, in whole or in part, because of the results of the mental health evaluation and screening, using an alternative mental he alth evaluation or screening submitted by the prospective employee. This amendment l imits the cause of action created by this bill to claims base d on a public safety employer's failure to grant an employee or prospective employee reasonable access to the employee or prospective employee's full employment record, including the results of a mental health evaluation or screening and any report from a qualified mental health professional or other evaluator. This amendment classifies as confidential a n evaluation, result, or other record provided to an employee or prospective employee pursuant to this bill ."