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State-by-State Compliance

– E-Verify and Ban-The-Box Laws Map –

 

Hiring laws are continuously changing at the city, state, and national level. Use this map as a quick resource for E-Verify laws and Ban-the-Box ordinances throughout the country. Understanding and being aware of the policies in your area is pertinent in creating and updating your company’s hiring policies. Click any state to see a breakdown of policies on the state, county, and city levels.

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*This map is current as of March 1, 2017. Please seek legal counsel before finalizing your hiring policies or contact us today with questions.

Washington, D.C.

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Private employers may not inquire into a job applicant’s criminal conviction record until a conditional job offer is made. All inquiries regarding a job applicant’s arrest record(s) are prohibited. Employers also cannot require applicant to pay for cost of obtaining an “arrest record” required for employment. “Arrest records” will contain only listings of convictions and forfeitures of collateral that have occurred within 10 years of the time from which such record is requested. Sources. D.C. Code Ann. § 2-1402.66; Fair Criminal Record Screening Act (Bill 20-642) Act A20-0422.
Additional Information. General Exceptions. Facilities or employers whose primary purpose is to provide services to minors or vulnerable adults are exempt from the ban the box prohibition.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. An employer may obtain only adult convictions for which the sentence was completed in the past 10 years or forfeitures of collateral in a court proceeding in the past 10 years. Sources. D.C. Code Ann. § 2-1402.66.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers and employment agencies may not consider an applicant’s unemployment status in adverse hiring decisions, or publish any job ad that would disqualify applicants based on unemployed status. Sources. Unemployed Anti-Discrimination Act of 2012; Act 19-329.

Alabama

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Alaska

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Arizona

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. General Exceptions. The AZ Civil Rights Division Pre-Employment Inquiries Guide prohibits inquiries about arrests without compelling business reason. It also mandates that application include statement that conviction will not be an absolute bar to employment. https://www.azag.gov/sites/default/files/documents/files/PRE-EMPLOYMENT_INQUIRIES.pdf

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. Additional Information. General Exceptions. The AZ Civil Rights Division Pre-Employment Inquiries Guide states that convictions should not be absolute bar to employment. https://www.azag.gov/sites/default/files/documents/files/PRE-EMPLOYMENT_INQUIRIES.pdf

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. The consumer may not be charged any fee for a disclosure of file if, within a 30-day period prior to the request for a disclosure, he/she is denied employment or received another adverse action due to his/her credit report. Sources Ariz. Rev. Stat. § 44-1693(D).

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources Ariz. Rev. Stat. § 44-1693(D).

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Copies of written communications must be sent to the former employee’s last known address. Sources Ariz. Rev. Stat. § 23-1361(B).

With the exception of criminal history, are there other state background check restrictions?
No.

Arkansas

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Sealed/expunged records may not be used in making employment decisions. Sources Ark. Code Ann. §§ 16-90-901 to 16-90-905.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Employers must have written consent from the individual to disclose: employment dates, pay rate/wage history, job description/duties, last written performance evaluation, attendance, drug/alcohol test results within 1 year, threats of violence or harassing acts related to the workplace, reasons for separation, and eligibility for rehire. The consent must (1) be on a separate form from the application or in application in bold letters and in larger typeface than the largest typeface in the text of the application form, (2) state, at a minimum, language similar to the following: “I, (applicant), hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer),” and (3) be signed and dated by the applicant. Consent valid only for the length of time that the application is considered active by the prospective employer, but in no case longer than 6 months. Sources Ark Code Ann. § 11-3-204.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employer may not request or require that applicant or employee disclose username or password to a social media account, add employee/supervisor/administrator to list or contacts associated with account, or change privacy settings associated with account. If employer inadvertently receives username, password, or other log in information to such account, employer not liable but may not use the information to gain access to the account. Sources Act 1480; Ark. Code § 11-2-124.

California

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire about: arrests/detentions not resulting in conviction (does not include arrests on charges for which applicant is awaiting trial); arrests/detentions resulting in referral to and participation in a pre- or post-trial diversion program; convictions ordered sealed/expunged/eradicated; certain marijuana-related convictions if more than 2 years old; or misdemeanour convictions where probation completed/discharged. Inquiries into an applicant’s prior criminal convictions must be accompanied by a statement that convictions will not necessarily disqualify the applicant from employment. Employers cannot require applicant to obtain a copy of his or her own criminal record. Sources Cal. Penal Code §§ 1000.4, 13326; Cal. Lab. Code § 432.7; 432.8; Cal. Code Regs., tit. 2, § 7287.4.Core Industry Exceptions. Govt. Contractors/Grantees. With limited exception, state construction contractors may not ask applicants for onsite construction related employment to disclose information concerning their conviction history at the time of initial application. A.1650, effective 1/1/15. Additional Information. General Exceptions. California Pre-employment Inquiry Guidelines state that conviction inquiries should be job related. http://www.dfeh.ca.gov/res/docs/Publications/DFEH-161.pdf .The California Health Benefit Exchange may not charge a fee for costs of furnishing fingerprints or conducting searches of employees, prospective employees, contractors, subcontractors, volunteers or vendors who are required to submit to a background check. SB 509; Cal. Gov’t Code § 1043.

Are there local law limitations in interview/on employment application regarding criminal history data?
Compton: Yes, but only for contractors doing business with the City. Criminal background check must be delayed until after conditional offer of employment is made. Richmond: Yes, but only for vendors/contractors doing business with the City. Employers must remove any question regarding prior criminal convictions from their printed and/or on-line employment application forms and refrain from inquiring into an applicant’s conviction history unless the position has been deemed “sensitive.” San Francisco: Yes, for employers who employ 20 or more workers, regardless of location, including employment agencies, contractors, subcontractors, and housing providers. The Ordinance covers applicants and employees who work entirely or in substantial part in the City of San Francisco and (for contractors) workers in performance contracts in excess of $5,000 and for longer than 30 days. Employment applications may not inquire at any time about: an arrest not leading to conviction (except for unresolved arrests); participation in a diversion or deferral program; a conviction that has been judicially dismissed, expunged, voided or invalidated; a juvenile conviction; a conviction more than 7 years old; or an offense other than a felony or misdemeanour. Employers are barred from asking about criminal history or conducting a background check until after the employer makes a conditional offer of employment or, at employer’s discretion, after the first live interview of the candidate. Before any criminal history inquiry is made, the applicant must be given a particular notice in addition to the existing state and federal notice requirements. The required notice must also be posted in the workplace; further, every advertisement or solicitation for positions in the City must state that the employer complies with this Ordinance. Sources. Compton Resolution 23,293 (April 5, 2011); Richmond City Council Ordinance (July 30, 2013), ch. 2.65.040; San Francisco Police Code Ordinance §§ 4901-4920 (“Fair Chance” Ordinance) (effective 180 days from the date signed by the Mayor, or August 16, 2014). Additional Information. General Exceptions Richmond: If a background check is required by federal law, it may be asked later in the process.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not consider arrests not resulting in convictions or convictions that have been sealed or expunged, or base employment decisions solely on misdemeanour convictions where probation is completed.
California courts have held that the statute does not authorize an employer to utilize a pending arrest alone as a basis for disciplinary action. With limited exception, an employer also generally may not use information disclosed on the Megan’s Law (sex offender) web site for employment purposes. Sources See e.g., Pitman v. City of Oakland, 197 Cal. App. 3d 1037 (1988); See Cal. Penal Code § 290.46(l).

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
Compton: Yes, but only for contractors doing business with the City. Such employers may not consider any convictions that are not job-related. Factors to consider include: (1) whether the position provides the opportunity for the commission of a similar offense; (2) whether the individual has committed other offenses since the conviction; (3) the nature and gravity of the offense and; (4) time since the offense. Richmond: Yes, but only for vendors/contractors doing business with the City. Such employers’s consideration of a conviction record will be limited to a substantially job-related conviction and must involve an employer’s individualized assessment including time elapsed since the offense and any evidence of rehabilitation or other mitigating circumstances. San Francisco: If criminal history is properly obtained and it shows a conviction or unresolved arrest, to disqualify the candidate: (a) the conviction must bear a direct relationship to the position applied for [direct relationship is defined as having “a direct and negative bearing on that person’s ability to perform duties or responsibilities necessarily related to the employment position;” (b) the employer must consider whether the position applied for offers the opportunity for the same or a similar offense to occur; and (c) the candidate has the right to present evidence about whether the conviction was inaccurate, and evidence of rehabilitation and other mitigating factors. Sources. Compton Resolution 23,293 (April 5, 2011); Richmond City Council Ordinance (July 30, 2013), ch. 2.65.040; San Francisco Police Code Ordinance §§ 4901-4920.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources Cal. Civ. Code § 1786.40.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Richmond: Yes, but only for vendors/contractors doing business with the City. If employer makes adverse employment decision, applicant must be provided with a written notice of rejection including how the conviction may be related to the job, and given the opportunity to correct any inaccuracies in the conviction record information and to offer any other evidence of rehabilitation or other mitigating circumstances. San Francisco: If an employer intends to base an adverse action on an item or items of conviction history found in the applicant or employee background check report and the applicant or employee submits evidence of the items’ inaccuracy or Evidence of Rehabilitation or Other Mitigating Circumstances within the required time period, the employer must delay any adverse action for a reasonable time after receipt of the information and during that time shall reconsider the prospective adverse action in light of the information. Upon taking any final adverse action based upon the conviction history of an applicant or employee, an Employer shall deliver to the applicant or employee a copy of the completed questionnaire described in Section 4906. Sources Richmond City Council Ordinance (July 30, 2013), ch. 2.65.040; See http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/committees/materials/lu012714_131192.pdf

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not use an applicant’s or employee’s credit history in making employment decisions unless the report is sought for one of the following: a managerial position, a position in the state Department of Justice, a law enforcement position, a position for which the information contained in the report is required by law to be disclosed, a position that involves regular access to confidential information (e.g., credit card account, social security number or date of birth), a position which the person can enter into financial transactions on behalf of the company, a position that involves access to confidential information, or a position that involves regular access to cash of $10,000 or more of the employer/customer/client. If an employer procures a consumer report for one of the above exceptions, it must provide the individual with written notice that a report will be requested, the specific reasons for obtaining the report, and a check box allowing the applicant to request a copy of the credit report at no charge. Sources Assembly Bill 22; Cal. Civ. Code § 1785.20.5. Additional Information. General Exceptions. If the applicant/employee elects to receive a copy of any consumer credit report contemporaneously with the employer, then the employer must request that a copy be provided to the employee or applicant when the employer requests its copy. The employer must pay for the report and cannot charge the consumer a fee for this service. Cal. Civ. Code §§ 1785.20, 1785.20.5.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. Notice must include name, address and telephone number of CRA, nature/scope of information requested, and summary of California Civ. Code § 1786.22. Disclosure or authorization form must have box to check for free copy of any report obtained by the employer whenever the consumer has a right to such a copy. Disclosure must also notify consumer of CRA’s web address, or, if no web address, the CRA’s telephone number to obtain information about its privacy practices. If a subsequent investigative consumer report is requested for reasons other than suspicion of wrongdoing or misconduct by the subject of the report (such as in connection with a promotion), then an additional California notice should be given to the consumer and another authorization obtained. If the nature and scope of the subsequent investigation is different than as specified in the original California notice or if a different investigative consumer reporting agency is used, then the notice should be modified accordingly, the new notice provided to the consumer, and additional authorization obtained. If an employer intends to obtain “public record” information regarding a consumer’s character, general reputation, personal characteristics, or mode of living for employment purposes directly at any time without using an investigative consumer reporting agency, employer must provide on an employment application or other form a box that the consumer may check to waive his or her right to receive a copy of any such public record obtained by the employer. A separate form should be used if employer does not incorporate this provision into its application. Sources Cal. Civ. Code §§ 1786.16, 1786.53(b)(2). Additional Information. General Exceptions. If report sought for investigation of suspicion of wrongdoing/misconduct, employer does not need to comply with the ICRAA advance notice and consent requirements or provide a copy of the report to the consumer (but must still comply with FCRA requirements).

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
Yes. Employer must notify consumer of CRA’s web address, or, if no web address, the CRA’s telephone number to obtain information about its privacy practices. If employer takes any adverse action based on the public record information, then it must provide a copy of the public record to the consumer regardless of whether the individual waived his or her right to receive a copy of such record. There is no requirement to provide more than one copy of the information to the consumer. Sources Cal. Civ. Code §§ 1786.53, 1785.20, 1785.20.5.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Upon specific request only, employers may provide truthful statements concerning the reason for separation of a former employee. Sources Cal. Lab. Code § 1053. Penalties. Fines up to $1,000, imprisonment for up to six months, and civil liability for treble damages. Cal. Labor Code § 23. Additional Information. General Exceptions. On request, and as long as reasonably believe request by prospective employer, current or former employer or agent may answer whether it would rehire current or former employee. Cal. Civ. Code § 47.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not demand user names, passwords or any other information related to social media accounts from employees and job applicants. Employers are banned from discharging or disciplining employees who refuse to divulge such information under the terms of the bill. However, this restriction does not apply to passwords or other information used to access employer-issued electronic devices, or infringe on employers’ existing rights and obligations to investigate workplace misconduct. Sources Cal. Lab. Code § 980 (AB 1844), ch. 2.5.

Colorado

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not require applicants to disclose information in sealed records. Employers may not inquire into applicant’s record of civil/military disobedience unless matter resulted in guilty plea or conviction. Sources Colo. Rev. Stat. §§ 24-72-308, 8-3-108(m). Additional Information. General Exceptions. The Colorado Civil Rights Commission guidelines suggest restricting inquiries to convictions that are substantially job related and addressed to every applicant. http://www.dora.state.co.us/civil-rights/publications_and_services/Employment_Discrimination/Employment_Discriminaton_Brochures/May2005JobDiscrim.pdf

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not reject applicant based on a refusal to disclose information about sealed records. Sources Colo. Rev. Stat. § 24-72-308.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not use consumer credit information for employment purposes for an applicant or employee unless the report is substantially related to the employee’s current or potential job. An employer or employer’s agent may not require an employee to consent to a request for a credit report that contains information about the employee’s credit score, credit account balances, payment history, savings or checking account balances/numbers as a condition of employment unless (1) the employer is a bank or financial institution; (2) the report is required by law; or (3) the report is substantially related to the employee’s current or potential job and the employer has a bona fide purpose for requesting or using the information in the credit report that is substantially related to the employee’s current/potential job and is disclosed in writing to the employee. “Substantially related” means the position (1) constitutes executive/management personnel or officers or employees who constitute professional staff to such personnel and the position involves at least one of the following: (a) setting direction/control of business/division; (b) a fiduciary responsibility to employer; (c) access to customers’, employees’, or employer’s personal or financial information other than information customarily provided in a retail transaction; or (d) the authority to issue payments, collect debs, or enter into contracts; or (2) involves certain contracts with federal government (e.g., defense, intelligence). Sources Col. Rev. Stat. § 8-2-126.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. Consumer must first be informed that a consumer credit report may be requested in connection with his or her employment application and consent in writing to the request before the agency conducts the background search. Colorado’s Act applies only to credit reports. Sources Colo. Rev. Stat. §§ 12-14.3-101.5, 12 14.3-103.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
Yes. If consumer credit information substantially related to current or potential job and collected, employer must provide individual with opportunity to explain unusual or mitigating circumstances where information may not reflect money management skills, but may instead be attributable to other factors. If employer relies in whole or part on consumer credit information, employer must disclose this fact and particular information relied upon in writing, or to an applicant using same medium in which application was made. Sources Col. Rev. Stat. § 8-2-126.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Upon request, employers must send subjects of references a copy of the information provided to their last known address, or provide it to them during normal business hours. Sources Colo. Rev. Stat. § 8-2-114.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not suggest, request, or require employees or applicants to disclose a user name, password, or other means of gaining access to a personal account or service through a personal electronic communications device. Employers are also prohibited from compelling an employee or applicant to include the employer as a contact associated with a social media account, or to change a social networking account’s privacy settings. Sources. Col. Rev. Stat. § 8-2-126. Additional Information. General Exceptions. Employers are permitted to require employees to disclose any user name, password or other access to non-personal accounts or services that provide access to the employer’s internal computer or information systems.

Connecticut

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employer may not require applicant to disclose erased record. Application forms that inquire about criminal history must contain notice, in clear and conspicuous language: (1) that applicant is not required to disclose erased record; (2) that records subject to erasure are those pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that was dismissed/nolled, or a criminal charge for which the person was found not guilty or received an absolute pardoned conviction, and (3) that any person whose records were erased may consider such events to have never occurred and may so swear under oath. The portion of application that contains criminal history information must be available only to individuals in charge of employment and in the interview process. Sources Conn. Gen. Stat. § 31-51i.

Are there local law limitations in interview/on employment application regarding criminal history data?
New Haven: Yes, but only for vendors/contractors doing business with the City. Criminal background check permitted only after job applicant is selected for the position and has received a conditional offer of employment. Prior to conducting conviction history check, employer must provide written notification that it will take place, availability of opportunity to rebut a decision if conditional offer of employment redacted, and types of specific evidence the applicant can present during a rebuttal. Hartford: Yes, but only for vendors/contractors doing business with the City. Job applications may not contain a “box” or inquiry regarding an applicant’s prior convictions. City vendors may not require disclosure of any arrest or criminal accusation which is not then pending and which did not result in a conviction. An applicant’s criminal record may not be revealed to individual(s) making hiring decision until a conditional offer of employment has been made. Sources New Haven Ordinance; Hartford Vendor Ban the Box Policy (April 13, 2009), Chapter 2, Article XIV, §§ 2-785 to 2-793.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not take adverse action solely based on erased record, a prior conviction for which the prospective employee received a provisional pardon, or a conviction prior to employment for which the employee received a provisional pardon. Sources Conn. Gen. Stat. § 31-51i.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
New Haven: Yes, but only for vendors/contractors doing business with the City. Employers may not make decisions using erased records. Employers must consider the nature of the crime and its relationship to the job for which the person has applied; the information pertaining to the degree of rehabilitation of the convicted person; the time elapsed since the conviction or release; any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct; the age of the person at the time of occurrence of the criminal offense or offenses; and the gravity of the offense(s). Hartford: Yes, but only for vendors/contractors doing business with the City. A City vendor may not take any adverse action against an applicant on the basis of any arrest or criminal accusation which is not then pending and which did not result in a conviction. Rejection of an applicant is considered lawful only if the contents of the criminal record have a direct bearing on the nature of employment or if the offer of employment would violate state or federal law. Sources. New Haven Ordinance; Hartford Vendor Ban the Box Policy (April 13, 2009), Chapter 2, Article XIV, §§ 2-785 to 2-793.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
New Haven: Yes, but only for vendors/contractors doing business with the City. Applicants must receive a copy of their conviction history report and have the opportunity to appeal adverse employment decisions within 10 days of receiving notice of the decision not to hire. Hartford: Yes, but only for vendors/contractors doing business with the City. Applicant must have 5 business days after receipt of the notice and the photocopy of the criminal record to respond regarding the criminal record report, and must be given opportunity to present information rebutting the accuracy and/or relevance of the criminal record report. Sources. New Haven Ordinance; Hartford Vendor Ban the Box Policy (April 13, 2009), Chapter 2, Article XIV, §§ 2-785 to 2-793.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Subject to the exceptions below, employers and their agents may not require an employee or applicant to consent to a request for a credit report as a condition of employment. Sources. PA 11-223, Ct. Gen. Stat. § 46a-60.
Penalties: $300 civil penalty for each violation. Additional Information. General Exceptions Prohibition does not apply to financial institution or when employer reasonably believes employee committed violation of the law related to employee’s job. Employers also may proceed when report is “substantially related” to employee’s current/potential job or employer has bona fide purpose to request or use the information in the report that is substantially job-related and is disclosed to the employee or applicant in writing. Information is substantially related when position is a managerial job that involves setting direction/control of business; involves access to personal or financial information other than that customarily provided in a retail transaction; involves a fiduciary responsibility to the employer; provides expense account or corporate debit/credit card; provides access to confidential or proprietary information; or involves access to employer’s nonfinancial assets valued at $2005 or more.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
Yes. Employers may not maintain or subscribe to information agencies that furnish personal information that may affect a person’s reputation or ability to secure employment, unless the complete record is open to inspection by the subject of the information or his/her authorized agent. Sources. Conn. Gen. Stat. § 31-134.

Are there state restrictions when providing employment references?
Yes. Employers may not blacklist current/former employees or conspire to prevent them from securing other employment. Also, employers may not disclose the criminal history section of application forms to anyone other than the company’s personnel department (or person in charge of employment, if no personnel department) or an employee/agent of the company involved in interviewing the applicant. Sources. Conn. Gen. Stat. §§ 31-51, 31-51i.

With the exception of criminal history, are there other state background check restrictions?
No.

Delaware

Are there state law limitations in interview/on employment application regarding criminal history data?
No. However, an individual whose record has been expunged does not have to disclose the record to the employer for any reason. Sources. Del. Code Ann. tit. 11, §§ 4374, 4376.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
Are there state restrictions when providing employment references?
No. Core Industry Exceptions. Other Industry Exceptions. Within 10 days of a written request of another employer (concerning individuals seeking employment in health/child care), employers must provide a signed service letter regarding a current/former employee, including the type of work performed, the duration of employment, the nature of separation, and reasonably substantiated incidents involving violence, abuse or neglect. Del. Code, Title 19, § 708.

With the exception of criminal history, are there other state background check restrictions?
No.

Florida

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire into sealed or expunged criminal history records. Sources. Fla. Stat. §§ 943.059, 943.0585.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. If an employer or agency has reasonable cause to believe that grounds exist for the denial or termination of employment based on criminal history, it must notify the employee in writing, stating the specific record. The only basis for an employee to contest the disqualification will be proof of mistaken identity. Sources. Fla. Stat. § 435.06.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources. State currently considering bill that would limit use of credit report data for employment screening. Follow SB 1562.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Georgia

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. A record that is sealed/expunged is deemed to have never occurred. In addition, criminal justice agencies (etc) will not and can not disseminate such information. Sources. Ga. Code Ann. §§ 15-11-79.2, 35-3-37.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. A record that is sealed/expunged is deemed to have never occurred. In addition, criminal justice agencies (etc) will not and can not disseminate such information. A discharge under the First Offenders law is not considered a conviction and may not be used to disqualify an applicant for employment. However, such discharge will not insulate an employee from personnel disciplinary actions for the underlying facts that resulted in the first offender action. Sources. Ga. Code Ann. § 42-8-63, 35-3-34; 1986 Op. Att’y Gen. No. U86-25.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. If employment decision made adverse to a person whose record was obtained, employer must inform individual of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Sources. Ga. Code Ann. § 42-8-63, 35-3-34; 1986 Op. Att’y Gen. No. U86-25.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources. State currently considering bill that would limit use of credit report data for employment screening. Follow SB 42.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Hawaii

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Inquiries regarding arrest records or final judgments required to be kept confidential by the courts not permitted. Inquiries regarding criminal conviction records in the past 10 years, excluding periods of incarceration, permitted only if they bear a rational relationship to the duties and responsibilities of the position. Such inquiries, however, may take place only after the prospective employee has received a conditional offer of employment that may be withdrawn if bears rational relationship to position. Application forms that inquire about criminal history records should add quailfier that states “Do not respond to this question until you have been given a conditional offer of employment.” Sources. Haw Rev. Stat. § 378-2.5. Additional Information. General Exceptions. The limitation to the most recent ten-year period, excluding the period of incarceration, does not apply to employers who are expressly permitted to inquire into an individual’s criminal history for employment purposes pursuant to any federal or state law (as enumerated in section 378-2.5(d).

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may not consider an applicant or employee’s arrest or court records. Employers may take an adverse employment action based on criminal conviction records only if the record bears a rational relationship to the duties and responsibilities of the position. Sources. Haw. Rev. Stat. § 378-2.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. If the applicant/employee claims that the period of incarceration was less than what is shown on conviction record, employer must provide opportunity to present documentary evidence of a date of release to establish a period of incarceration that is shorter than the sentence imposed for the conviction. Sources. Haw Rev. Stat. § 378-2.5.
Additional Information. General Exceptions. Employers may not take adverse action because of an applicant/employee’s credit history or credit report unless such information relates to a bona fide occupational qualification, the employer is expressly permitted/required to inquire about credit history for employment purposes under state/federal law, the consideration involves a managerial or supervisory employee, or the employer is a financial institution in which deposits are insured by a federal agency.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not refuse to hire or otherwise discriminate against any individual in the terms, conditions and privileges of employment because of his/her credit history/report, unless (1) such information directly relates to a bona fide occupational qualification, (2) the employer is expressly permitted/required to inquire into credit history for employment purposes by law, (3) the inquiry/consideration involves a “managerial” or “supervisory” employee, or (4) the employer is a financial institution in which deposits are insured by a federal agency having jurisdiction over the financial institution. Regardless, inquiry or consideration into an applicant’s credit history or credit score may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if the information in the credit history or credit report is directly related to a bona fide occupational qualification. Sources. Haw. Rev. Stat. §§ 487J-2; 378-2(8), 378-2.7, 378-3; 489P-1 – 489P3. Additional Information. General Exceptions. Employers who use an employee’s social security number in documents that are mailed for the purpose of obtaining a credit report under the federal FCRA may not print the social security number, in whole or in part, on a postcard or other mailer not requiring an envelope, or visibly print the social security number on the envelope.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. Employers may not seek criminal history records until a conditional offer of employment has been made. Sources. Haw. Rev. Stat. § 378-2.5.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Idaho

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. General Exceptions. Idaho Pre-Employment Inquiry Guide states that inquiries concerning arrests/convictions are “high risk” questions without proof of the business needs for such knowledge. http://humanrights.idaho.gov/discrimination/pre_employment.html

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. However, an employer may not obtain from the department any record of an arrest without disposition after one year from the date of the arrest without written consent from the applicant or employee. Additional Information. Non-Binding Authority. Idaho Pre-Employment Inquiry Guide recommends against the use of conviction records as an absolute bar to employment unless the number, nature and recentness of the crime(s) make the candidate unsuitable for the position. http://humanrights.idaho.gov/discrimination/pre-employment.html

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Additional Information. General Exceptions. Under Idaho’s Credit Report Protection Act, employers must not intentionally communicate an individual’s social security number to the general public. Idaho Code § 28-52-108.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Illinois

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire into arrests, or sealed/expunged records. Applications for employment must specifically state that the applicant is not obligated to disclose sealed or expunged records of arrests or convictions.
Effective 01/01/15, employers and employment agencies will be barred from inquiries about a job applicant’s criminal record until the interview phase of the hiring process. If there is no interview, until after a conditional offer of employment is made. This requirement would not apply where employers are required to exclude applicants with certain criminal convictions from employment due to federal or state law, in positions where a standard fiduciary bond or its equivalent is required, or for employers who employ individuals licensed under the EMS Systems Act.
Sources. 20 ILCS 2630/12; 775 ILCS 5/2-103; HB 5701.Additional Information. General Exceptions. Employers must obtain a signed release from applicant when obtaining conviction information, keep a copy of the release on file for two years, and provide the subject with a copy of the report. Employers must notify the individual to whom the information pertains that he or she has the obligation and responsibility to notify the employer within seven (7) days if the information provided is incomplete or incorrect. 20 ILCS 2635/7; 20 Ill. Adm. Code 1215.30. Related Information
Employers must obtain a signed release from applicant when obtaining conviction information, keep a copy of the release on file for two years, and provide the subject with a copy of the report. Employers must notify the individual to whom the information pertains that he or she has the obligation and responsibility to notify the employer within seven (7) days if the information provided is incomplete or incorrect. 20 ILCS 2635/7; 20 Ill. Adm. Code 1215.30.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may not use arrests or criminal history record information ordered expunged, sealed or impounded, as a basis for an adverse employment decision. However, employers may consider information other than the fact of the arrest which indicates that the applicant/employee actually engaged in the conduct for which he or she was arrested. Sources. 775 ILCS 5/2-103.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Additional Information. Related Information. Employers may not use an applicant/employee’s credit history/report as a factor in an employment decision unless such information is related to a bona fide occupational qualification. Employee Credit Privacy Act, Illinois HB 4658, Public Act 096-1426.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not (1) use an applicant’s or employee’s credit history or credit report as a factor in any employment decision, (2) inquire into an applicant’s or employee’s credit history, or (3) order or obtain an applicant’s or employee’s credit report from a consumer reporting agency unless such information is related to a “bona fide occupational requirement” (BFOQ) for a particular position or group of employees. The BFOQ is generally restricted to positions involving money-handling or other confidential job duties (e.g., duties that require bonding by state or federal law; unsupervised access to cash or certain assets valued at $2500 or more; signatory power over business assets of more than $100; management or control of the business; or access to personal, financial, or confidential information, trade secrets, or state or national security information).Nothing prohibits employers from conducting thorough background investigations, which may include obtaining a report without information on credit history or an investigative report without information on credit history, or both, as permitted under the FCRA. This information must be used for employment purposes only. Sources. Employee Credit Privacy Act, Illinois HB 4658, Public Act 096-1426.
Core Industry Exceptions. Govt. Contractors/Grantees. Many governmental employers and law enforcement units, as well as banks, savings and loan associations, other financial institutions, debt collectors, insurance companies, and surety businesses are excluded from the Act’s prohibitions.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. It is unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee’s or prospective employee’s account or profile on a social networking website or to demand access in any manner to an employee’s or prospective employee’s account or profile on a social networking website. Effective Jan. 1, 2014, this Act is amended so that its bar against employer requests for information about an employee’s social networking profile or website applies only to the employee’s personal account; inquiries will be permitted as they relate to a “professional account.” The term professional account is defined as “an account, service, or profile created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer.” Companies also will be permitted to monitor and retain employee communications to comply with Illinois Insurance laws, federal law, or rules of a self-regulatory organization. Sources. HB 3782; PA 97-0875; 820 ILCS 55/10; SB2306.

Indiana

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. If a person’s records are expunged (or if a court orders a person’s arrest records restricted), the person must be treated for all purposes as if he/she had not been arrested for or convicted of the felony or misdemeanor recorded in the expunged (or restricted) records, and may legally state on an application for employment or any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the expunged (or restricted) records. Sources. Ind. Code § 35-38-9.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. If a person’s records are expunged (or if a court orders a person’s arrest records restricted), the person must be treated for all purposes as if he/she had not been arrested for or convicted of the felony or misdemeanor recorded in the expunged (or restricted) records. Sources. Ind. Code § 35-38-9.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources. State currently considering bill that would limit use of credit report data for employment screening. Follow SB 207.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
Yes. Upon request by a prospective employee within 30 days of application, prospective employers must provide copies of written communications from current/former employers that may affect the possibility of employment. Sources. Ind. Code § 22-5-3-1.

Are there state restrictions when providing employment references?
No. Sources. Ind. Code § 22-6-3-1. Additional Information. General Exceptions. Upon written request of a separating employee, employers must issue the employee a service letter, indicating the nature/character of service rendered by the employee, the duration of employment, and the true cause of separation. The service letter requirement does not apply to employers that don’t require written recommendations or applications showing employment qualifications. Ind. Code § 22-6-3-1.

With the exception of criminal history, are there other state background check restrictions?
No.

Iowa

Are there state law limitations in interview/on employment application regarding criminal history data?
No. However, the Iowa Workforce Development Successful Interviewing Guide states application forms that ask about conviction records should include a statement to the effect that whether a conviction will disqualify an applicant depends on the nature of the offense, the nature of the job, and the length of time since the conviction and incarceration. Additional Information. General Exceptions. Employers must pay the fee for conducting a criminal history data check for a person seeking written release of a certified copy of the person’s own criminal history data to a potential employer. Iowa Code § 692.2.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. However, the Iowa Workforce Development Successful Interviewing Guide states employers should not make adverse employment decisions on the basis of arrest records alone. The Guide states exclusion is justified only if it appears that the applicant or employee engaged in the conduct for which he was arrested and the conduct is job-related and relatively recent. The Guide also states that a blanket exclusion based on conviction records can seldom be justified. Sources. http://www.iowaworkforce.org/70-0006.pdf; 161 Iowa Admin. Code 8.1(216) (the use of criminal record information may be invalidated if it adversely affects members of a protected class, unless the employer can demonstrate the relationship of the information to performance on the job).

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Work-related information provided must be relevant to inquiry made. Sources. Iowa Code § 91B.2.

With the exception of criminal history, are there other state background check restrictions?
No.

Kansas

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inspect or inquire into criminal records unless applicant or employee signs release. A person with an expunged criminal record may state that there has never been an arrest or conviction for the offense. Sources. Kan. Stat. Ann. §§ 12-4516(g), 22-4710. Additional Information. Non-Binding Authority. Kansas Commission on Civil Rights discourages employers from pre-employment inquiries about arrests, and suggests that inquiries into conviction records are acceptable only when substantially related to an applicant’s ability to perform job duties. http://www.khrc.net/hiring.html#For%20clarification%20of%20specific%20areas%20of

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. The employer will not be liable for any employment or contractual decision based upon knowledge of such criminal history record information, provided the information that led to the decision reasonably bears upon the individual’s trustworthiness, or the safety or well-being of the employer’s employees or customers. Sources. Kan. Stat. Ann. § 22-4710.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. Employers may obtain investigative reports if the report is for employment in a position for which the consumer has not specifically applied. After receiving the report, and upon request by the consumer, employers must disclose its scope. Sources. Kan. Stat. Ann. § 50-705.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Employer may not prevent discharged employee from obtaining employment except by furnishing the cause of discharge to prospective employer upon written request. Sources. Kan. Stat. Ann. § 44-119a. Additional Information. General Exceptions. Upon written request of a terminated employee, employers must provide a service letter indicating the tenure of employment, occupational classification, and wage rate paid to the employee. Kan. Stat. Ann. § 44-808.

With the exception of criminal history, are there other state background check restrictions?
No.

Kentucky

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. General Exceptions. Kentucky has adopted the federal Uniform Guidelines on Employee Selection Procedures, which finds inquiries into criminal record may be invalidated if it is a discrete step in employment decisions and if it adversely affects members of a protected class, unless the employer can demonstrate the relationship of the inquiry to performance on the job. 104 Ky. Admin. Reg. § 1:050. A consumer reporting agency may not maintain information in its files relating to criminal charges unless the charge resulted in conviction.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.Core Industry Exceptions. Govt. Contractors/Grantees. Louisville: Vendors with the Louisville Metro Government who are bidding on a contract over $2,500 may not inquire about applicants’ criminal history or ask about a criminal background on employment applications. Louisville Ord. § 112.30.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources. State currently considering bill that would limit use of credit report data for employment screening. Follow HB 144.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Louisiana

Are there state law limitations in interview/on employment application regarding criminal history data?
No. However, employer may not require applicant/employee to pay the cost of fingerprinting or the cost of furnishing any records available to the employer or required by the employer as a condition of employment. Sources. La. Rev. Stat. Ann § 897.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. However, a newly adopted regulation in Louisiana urges and requests the Louisiana Workforce Commission to “act swiftly to curtail the use of consumer credit reports as criteria for employment.” Sources. La. Rev. Stat. § 9:3571.1; S.R. 120, Adopted June 9, 2010.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources. La. Rev. Stat. § 9:3571.1.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes, effective 07/01/14. Employers may not request or require access to employees’ or applicants’ personal email, social media, or other online accounts. This law does not include accounts created or used by individuals for business purposes, and does not apply to any electronic communications device paid for or supplied in whole or in part by the employer. Employers may discipline or fire workers for transferring the employer’s proprietary or confidential information or financial data to an employee’s personal online account without the employee’s authorization. There are also exceptions for investigations into employee misconduct. Sources. HB 340; Chapter 28, R.S. 51:1951 through 1955.

Maine

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources 10 Me. Rev. Stat. § 1309.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No. Sources 10 Me. Rev. Stat. § 1309.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources 10 Me. Rev. Stat. § 1309.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. Additional Information. General Exceptions. Within 15 days of a terminated employee’s written request, employers must provide written response with reason(s) for termination. Me. Rev. Stat. Ann., tit. 16, § 630.

With the exception of criminal history, are there other state background check restrictions?
No.

Maryland

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employer may not require applicant to disclose information regarding criminal charges that have been expunged or pardoned. Employer also may not require applicant/employee to inspect or challenge any criminal history record information for the purpose of obtaining a copy of the person’s record. Sources Md. Code §§ 10-109, 10-228.

Are there local law limitations in interview/on employment application regarding criminal history data?
No. Baltimore: Baltimore bans the box on job applications that ask whether the applicant has a criminal history. This restriction applies only to employers with at least 10 full-time workers. Before a conditional offer extended, employers may not (1) require the applicant to disclose or reveal whether he/she has a criminal record or criminal accusations brought against him/her; (2) conduct a criminal-record check on the applicant; or (3) otherwise make any inquiry of the applicant or others regarding whether the applicant has a criminal record or criminal accusations brought against him/her. Sources See Baltimore CB 13-0301 (effective August 2014) Additional Information. General Exceptions. Baltimore: Criminal history inquiries are permitted where required or authorized by an applicable federal, state, or city law or regulation. They are also permitted in facilities servicing minors or vulnerable adults.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not refuse to hire a person solely because of his/her refusal to answer question about charges that have been expunged. Sources Md. Code § 10-109.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. Any time an employer bases an adverse employment decision on information obtained from sources other than a credit agency, it must (upon the consumer’s written request) inform the consumer of the nature of the information. Sources Md. Commercial Code § 14-1212. Additional Information. General Exceptions. Employer may not use applicant/employee’s credit report/history in employment decisions unless (1) the applicant has received an offer of employment and the information will be used for a purpose other than terms and conditions of employment; or (2) employer has a bona fide purpose for the information that is substantially job-related and disclosed in writing to the employee/applicant. Md. Lab & Empl. § 3-711.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employer may not use applicant/employee’s credit report/history in determining whether to deny employment, discharge the employee, or determine compensation or the terms, conditions, or privileges of employment unless (1) the applicant has received an offer of employment and the credit report/history will be used for a purpose other than those stated above; or (2) employer has a bona fide purpose for requesting or using information in the report that is substantially job-related and disclosed in writing to the employee or applicant. A position for which an employer has a bona fide purpose that is substantially job related includes one that (1) is managerial and involves setting the direction or control of a business or department of the business; (2) involves access to personal inforamation of a customer, employee, or employer, except for personal information customarily provided in retail transaction; (3) involves a fiduciary responsibility to the employer (including authority to issue payments, collect debts, transfer money, or enter into contracts); (4) is provided an expense account or a corporate debit/credit card; or has access to confidential business information. Sources Maryland Lab & Empl. § 3-711.Penalties. Fine up to $500 first offense, and up to $2500 for any subsequent violation.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. Employers may access investigative consumer reports if pursuant to a position the applicant has not specifically applied for. If an employer does obtain an investigative report, it must, upon written request by the applicant, disclose the nature and scope of the investigation. Sources Md. Commercial Code § 14-1204.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. However, any time an employer bases an adverse employment action on information obtained from sources other than a credit agency, it must inform the consumer of the nature of the information upon consumer’s written request. Sources Md. Comm. Code § 14-1212.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not require employees or applicants to disclose the user name, password, or other means of access to their personal social media accounts. Sources S.B. 433, H.B. 964; Maryland Lab & Empl. § 3-712.

Massachusetts

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not require applicants to check a box on initial application form if they have a criminal history unless applicant is applying for a position which any law/regulation disqualifies based on certain criminal offenses.
Employers are also barred from inquiries regarding: (1) an arrest, detention, or disposition not resulting in conviction; (2) sealed records; (3) first convictions for certain misdemeanors (drunkenness, simple assault, speeding, minor traffic violations — any moving violation other than reckless driving, driving to endanger, and motor vehicle homicide, affrays or disturbance of the peace); or (4) misdemeanor convictions occurring 5 or more years before the date of the application/interview, or the last day of incarceration (whichever date is later) unless individual convicted of any offense within 5 years immediately preceding inquiry. Employer may not request/require applicant to provide a copy of his criminal offender record information. Employers who inquire about conviction on employment application should add statement such as: “Do NOT answer this question during the initial application stage or prior to any interview. Massachusetts law prohibits employers from making inquiries regarding applicants’ criminal history information in an initial written application form. You may be required to provide some criminal history information later in the hiring process.” Sources Mass GenLaws, Ch. 151B, Sec. 4; Mass. Regs. Code tit. 804 § 3.02; Mass. Ann. Laws ch. 6, § 172; Mass. Ann. Laws ch. 276, §§ 100A, C. Additional Information. General Exceptions. An employer may inquire about any convictions on an application form (i) where any federal or state law creates a mandatory or presumptive disqualification based on a conviction for 1 or more types of criminal offenses, or (ii) where an employer is subject to an obligation imposed by any federal or state law or regulation not to employ an individual convicted of 1 or more types of criminal offenses.

Are there local law limitations in interview/on employment application regarding criminal history data?
Boston: Yes, but only for vendors, contractors, or suppliers of goods or services to the City. Criminal history inquiries are not permitted on a job application. Employer must review the qualifications of an applicant and determine that an applicant is otherwise qualified for the relevant position before conducting a CORI check.
Cambridge: Yes, but only for vendors and contractors to the City. Employers must wait to conduct a criminal background check until the job applicant is found to be “otherwise qualified” for the position.
Worcester: Yes, but only for vendors and contractors doing business with the City. Employers may not inquire into an applicant’s criminal history on any initial employment application, and may perform a background check only once an applicant is identified as otherwise qualified. Background checks may only be performed when mandated by law, or when employer “determines that the position in question is of such sensitivity” that a review of criminal history is warranted. Sources Boston City Council Ordinance, CBC Chapter IV, 4.7; City of Boston Equal Opportunity Statement; Cambridge City Council Ordinance 1312 (Jan. 28, 2008), 2.112.060. et. seq.; Worcester City Ordinance (June 23, 2009), ch. 2, § 36.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not exclude, limit or otherwise discriminate against any person by his/her failure to furnish information that employer is prohibited from obtaining in application/oral inquiry or otherwise. Sources Mass Gen. Laws, ch. 151B, § 4; Mass. Ann. Laws ch. 6, § 171A.Additional Information. General Exceptions. In connection with employment decisions, employer must provide applicant with the criminal history record in its possession, “whether obtained from department or another source,” prior to questioning the applicant about his criminal history. An employer that annually conducts 5 or more criminal background investigations must maintain a written criminal offender record information policy providing that it will: (1) notify the applicant of the potential adverse decision based on the criminal offender record information; (2) provide a copy of the information and the policy to the applicant; and (3) provide information concerning the process for correcting a criminal record. Mass. Ann. Laws ch. 6, § 172.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
Boston: Yes, but only for vendors, contractors, or suppliers of goods or services to the City. Employer may not conduct a CORI check on an applicant unless a CORI check is required by law or the employer has made a good faith determination that the relevant position is of such sensitivity that a CORI report is warranted. Equal opportunity must be afforded to all applicants regardless of ex-offender status. Employers must consider the seriousness of the crime(s), the relevance of the crime(s), the number of crime(s), the age of the crime(s), and life occurrences since the crime(s).
Cambridge: Yes, but only for vendors and contractors to the City. To determine the applicant’s suitability for the position, employers must consider “the relevance of the crime to the position sought,” the age and seriousness of the crime, and evidence of rehabilitation.
Worcester: Yes, but only for vendors and contractors doing business with the City. Individual reviewing the background report must be trained and also consider such factors as: nature, seriousness and circumstance of any past criminal conviction or pending charge; age of the candidate at the time of the offense; date of the offense; relevance of the offense to the duties and qualifications of the position in question; sentence imposed and length of any period of incarceration; any reasonable available information concerning compliance with conditions of parole or probation; the individual’s conduct and experience in the time since the offense; and any other evidence of rehabilitation. Sources Boston City Council Ordinance, CBC Chapter IV, 4.7; City of Boston Equal Opportunity Statement; Cambridge City Council Ordinance 1312 (Jan. 28, 2008), 2.112.060. et. seq.; Worcester City Ordinance (June 23, 2009), ch. 2, § 36.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. If the employer denies employment based on a consumer report, it must inform the individual within 10 business days from the date the decision was made. This notice must be clear and conspicuous and written in no smaller than ten-point type. The notice must contain the name, address and toll-free telephone number of the agency that prepared the report. The written notice must also inform the consumer of his or her rights in substantially the following manner: “You have the right to obtain a free copy of your credit report within sixty days from the consumer credit reporting agency which has been identified on this notice. The consumer credit reporting agency must provide someone to help you interpret the information on your credit report. Each calendar year you are entitled to receive, upon request, one free consumer report. You have the right to dispute inaccurate information by contacting the consumer credit reporting agency directly. If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. If reinvestigation does not resolve the dispute to your satisfaction, you may send a letter to the consumer credit reporting agency, to be kept in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you.” Although the Massachusetts statute is ambiguous on this point, it appears that these compliance elements may apply only where the consumer report obtained is a credit report. If a decision adverse to the applicant on the basis of criminal history occurs, the employer must provide the applicant with the “criminal history record” in its possession, “whether obtained from the department or any other source,” unless it already provided such information prior to questioning the individual. Sources Mass. Ann. Laws ch. 93 § 62; Mass. Ann. Laws ch. 6, § 171A.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Boston: Yes, but only for vendors, contractors, or suppliers of goods or services to the City. Employer must notify individual of the potential adverse employment action, provide photocopy of the CORI report received, inform about specific parts of report of concern, and provide opportunity to rebut accuracy or relevance of report. If the final decision results in the revocation of a position, applicant must be notified and offered specific reason(s).
Cambridge: Yes, but only for vendors and contractors to the City. Employer must notify the applicant of a potential adverse decision based on the criminal record. The employer must give the applicant a copy of the criminal record and provide right to present information related to the accuracy and relevancy of the information reported. Applicants contesting the accuracy of the report must receive a copy of Information Concerning the Process in Correcting a Criminal Record.
Worcester: Yes, but only for vendors and contractors doing business with the City. If employer declines to offer position based on CORI results, it must ensure identifying information matches CORI record, provide applicant with results of report, notify which parts make ineligible, and afford individual private meeting to explain accuracy or relevance. If adverse decision, applicant must receive reasons in writing. Sources Boston City Council Ordinance, CBC Chapter IV, 4.7; City of Boston Equal Opportunity Statement; Cambridge City Council Ordinance 1312 (Jan. 28, 2008), 2.112.060. et. seq.; Worcester City Ordinance (June 23, 2009), ch. 2, § 36.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
Yes. If the employer denies employment based on a consumer report, it must inform the individual within 10 business days from the date the decision was made. This notice must be clear/conspicuous and written in no smaller than ten-point type. The written notice must inform the consumer of his/her rights in substantially the following manner: “You have the right to obtain a free copy of your credit report within sixty days from the consumer credit reporting agency which has been identified on this notice. The consumer credit reporting agency must provide someone to help you interpret the information on your credit report. Each calendar year you are entitled to receive, upon request, one free consumer report. You have the right to dispute inaccurate information by contacting the consumer credit reporting agency directly. If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. If reinvestigation does not resolve the dispute to your satisfaction, you may send a letter to the consumer credit reporting agency, to be kept in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you.” Although the statute is ambiguous on this point, it appears that these compliance elements may apply only where the consumer report obtained is a credit report. Sources Mass. Ann. Laws ch. 93 § 62.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Michigan

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employer may not request information regarding a misdemeanor arrest, detention, or disposition without conviction. A person is not guilty of perjury or otherwise for giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold. This section does not apply to information relative to a felony charge before conviction or dismissal. Sources Mich. Comp. Laws § 37.2205a. Penalties. $100/violation. Mich Comp. Laws, § 740.354a. Additional Information. General Exceptions. Employer may not compel newly hired employees or employees reporting back to work after a furlough or leave of absence to pay for being photographed and fingerprinted, when requested by the employer. Mich. Comp. Laws, § 740.354a.

Are there local law limitations in interview/on employment application regarding criminal history data?
Detroit: Yes, but only for vendors or contractors doing business with the City. Such employers must remove the conviction history question from job applications. They may, however, otherwise take into consideration an applicant’s criminal history during hiring process, and/or choose to notify applicants that laws and City policies may disqualify an individual with a particular criminal conviction from employment based on the requirements of a particular position. Sources See Detroit City Ordinance, § 13-1-10 (“the City of Detroit shall not inquire into or consider the criminal conviction of City of Detroit employment applicants, until the applicant is being interviewed and/or otherwise qualified by the City”); applied to city vendors/contractors as of 07/01/12.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may not rely on convictions/juvenile offenses that have been set aside. Sources Mich. Comp. Laws §§ 780.623, 712A.18e. Additional Information. Non-Binding Authority. Michigan’s Pre-Employment Inquiry Guide states that employers may inquire about convictions or pending felony charges, and should not have a blanket policy of not hiring or accepting applications from anyone with a criminal conviction unless it is a bona fide occupational qualification. http://www.michigan.gov/documents/mdcr/Preemploymentguide62012_388403_7.pdf

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow HB 4363.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. Core Industry Exceptions. Schools/Education. Within 20 business days of a request from a school district (concerning an applicant), current/former employers must disclose information related to any unprofessional conduct by the applicant and provide copies of all personnel record documents relating to that unprofessional conduct. Mich Comp. Laws § 380.1230b.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not ask employees or applicants to disclose passwords and other account information used to access private internet and email accounts, including social media networks like Facebook and Twitter. Sources HB 5523; PA 478.

Minnesota

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant. Employers may not require applicant/employee to pay for expenses incurred in criminal or background checks. Sources Minn. Stat. §§ 181.53, 181.645, 364.021. Additional Information. General Exceptions. This section does not apply to employers who have a statutory duty to conduct a criminal history background check or otherwise consider criminal history during hiring process. It also does not prohibit an employer from notifying applicants that law or the employer’s policy will disqualify an individual with a particular criminal history background from employment in particular positions.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. Additional Information. Non-Binding Authority. The Minnesota Department of Human Rights pre-employment inquiries guide states that inquiries into convictions should not be an absolute bar to employment absent a bona fide occupational qualification, that employers should consider how recent the convictions are and whether they are closely related to the position, and that employers should inform job applicants, at the time of application, that such mitigating factors will be considered. http://www.humanrights.state.mn.us/employers/hiring.html

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources Minn. Stat. § 13C.03.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. However, because credit history checks on applicants could have a disparate impact on minorities, the Department of Human Rights recommends that employers determine ways to minimize exposure, such as merely running such checks on individuals being offered certain jobs, such as fiscal positions, where money-handling is an essential job function. Sources http://www.humanrights.state.mn.us/employers/hiring.html. Additional Information. General Exceptions. An employer or a prospective employer generally may not require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation. Minn Stat. § 181.645.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. The Minnesota Consumer Report Law requires that disclosure be contained in or accompany any written application for employment. In the case of investigative consumer reports, the disclosure must inform the consumer that the report may include information through personal interviews. The disclosure must include a box for the individual to check if he or she wants to receive a free copy of the consumer report. If the individual checks the box or otherwise requests a copy, the employer must notify the agency preparing the report to send a copy to the individual.
Sources Minn. Stat. § 13C.02.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources Minn. Stat. § 13C.03.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Disclosures of acts of violence, theft, harassment and documented illegal conduct must be in writing and a copy must be sent to the employee’s last known address. Written disclosure of the following is protected with current/former employee’s written authorization: evaluations conducted before separation and the employee’s response, disciplinary warnings and actions within the previous 5 years and the employee’s response, and reasons for separation. A copy of this information (and to whom it was disclosed) must be sent to the current/former employee’s last known address. Sources Minn Stat. §§ 181.967, 604A.33. Additional Information. General Exceptions. Within 10 working days of a terminated employee’s written request (which must be received within 15 working days of the termination), employers must provide him or her, in writing, with the true reason for termination. Minn. Stat. § 181.933.

With the exception of criminal history, are there other state background check restrictions?
No.

Mississippi

Are there state law limitations in interview/on employment application regarding criminal history data?
No. With the exception of court determinations of whether an individual is a first offender, no person for whom an expunction order has been issued may be held guilty of perjury or to have otherwise given a false statement by reason of his or her failure to recite or acknowledge such arrest, indictment or conviction in response to such an inquiry. Sources Miss. Code Ann. § 99 19-71.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. “The Legislature recognizes that fair, secure and safe workplaces are critical to high employer and employee productivity and increased employer and employee productivity improve the economic health of our state. Because the employer is in the best position to understand the fairness, security and safety needs of his or her workplace, any law or ordinance that hinders an employer’s ability to meet the demands of such needs by limiting the ability of an employer to become informed about the background of an employee or potential employee, shall be declared unfair and against the laws and policies of this state.” Sources Senate Bill 2689, effective 07/01/14.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No. No county, board of supervisors of a county, municipality, governing authority of a municipality or any other political subdivision may adopt or maintain in effect any law, ordinance, or rule that creates requirements, regulations, processes or prohibitions that in any way interfere with an employers’ ability to become fully informed about the background of an employee or potential employee for the purpose of creating or maintaining a fair, secure, safe and productive workplace. Sources Senate Bill 2689, effective 07/01/14.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Missouri

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. Non-Binding Authority. The Missouri Commission on Human Rights states that employers should not inquire about matters which may disproportionately exclude members of protected groups, unless the employer can show that the inquiry is job-related and consistent with business necessity. http://www.labor.mo.gov/mohumanrights/Discrimination/pre_employ_inquiries.asp

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow HB 37, 461, 807.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Upon written request of a prospective employer, employers that disclose (in writing) the nature/character of service rendered by a current/former employee, the duration of service, and the cause of separation are generally immune from civil liability for the disclosures and their consequences. Employers must send a copy of any letters provided to a prospective employer to the current/former employee’s last known address. Sources Mo. Rev. Stat. §§ 290.152, 290.140. Additional Information. General Exceptions. Within 45 days of a written request of a former employee that was employed for at least 90 days (by certified mail and within 1 year of separation), employers with 7 or more employees must provide a service letter indicating the nature/character of service rendered by the employee, the duration of service, and the true cause of separation.

With the exception of criminal history, are there other state background check restrictions?
No.

Montana

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. General Exceptions. The Montana pre-employment guidelines warn employers about inquiring into criminal arrest records since they may raise suspicion of discrimination. Mont. Admin. Rule 24.9.1406(2)(h). Montana also has adopted the EEOC Uniform Guidelines on Employee Selection Procedures, which suggest that an inquiry into criminal information may be invalidated if it adversely affects a protected class unless employer can show a relationship between the inquiry and performance of the job.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. However, a consumer reporting agency will not make a consumer repot that contains the following information for any applicant/employee regardless of salary: 14 year limitation on bankruptcy; 7 year limitation on arrests, indictments, or convictions from the date of disposition, release, or parole; and 7 year limitation on other adverse information. Sources Mont. Code Ann. § 31-3-112.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources Mont. Code Ann. § 31-3-131.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow HB 601.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No. Generally, any person who procures or causes to be procured an investigative consumer report on any consumer must, upon written request by the consumer and within a reasonable period of time after receipt by the person of the disclosure needed above, make a complete and accurate disclosure of the nature, scope, and substance of the investigation requested in writing and mailed or otherwise delivered to the consumer not later than 5 days after the date on which the request for the disclosure was received from the consumer or the report was first requested, whichever is later. Sources Mont. Code Ann. § 31-3-113.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources Mont. Code Ann. § 31-3-131.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Generally limited to verbal or written statement of the true reason for discharge. Sources Mont. Code § 39-2-802. Additional Information. General Exceptions. Upon demand of a discharged employee, employers must furnish a written statement of the reasons for discharge. Mont. Code § 39-2-801.

With the exception of criminal history, are there other state background check restrictions?
No.

Nebraska

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow LB 113, 530.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. However, Nebraska has enacted a job reference liability law that provides immunity to employers who in good faith disclose employment history information (date and duration of employment, pay rate and wage history, job description, most recent performance evaluation prepared prior to request and provided to the employee during employment, results of drug/alcohol test in past year, attendance information, threats of violence or violent/harassing behavior, whether employee resigned or was terminated and reasons, and whether employee is eligible for rehire) about current and former employees to prospective employers with the written consent of the employee. The consent must be on a separate form from the application form or, if included in the application form, must be in bold letters and in larger typeface than the largest typeface in the text of the application form. The consent form must state, at a minimum, language similar to the following: “I, (applicant), hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer). ” The consent, which is valid for up to 6 months, must be signed and dated by the applicant. Sources LB 959, effective July 2012.

With the exception of criminal history, are there other state background check restrictions?
No.

Nevada

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. Non-Binding Authority. The Nevada Equal Rights Commission’s pre-employment guidelines state that questions regarding arrests are unacceptable. Questions regarding convictions must be accompanied by a statement that a conviction will not necessarily disqualify the applicant from the job.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may not use the community notification website (about sex offenders) for employment purposes. Employers also may not use sealed records. Sources Nev. Rev. Stat. Ann. § 179B.270, 179.285. Additional Information. General Exceptions. While the Nevada Equal Rights Commission explicitly permits inquiries regarding felony convictions, or, within a specified time frame, any misdemeanor convictions that resulted in imprisonment, the Commission requires employers to inform the consumer that a conviction will not necessarily disqualify the applicant from consideration for the position. Nevada Pre-Employment Inquiry Guide, BNA-FEPM: 456:2931.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources Nev. Rev. Stat. Ann. § 598C.170.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not condition employment of applicant or employee on his or her consumer credit report or other credit information, use or inquire about credit report or information, or discharge/discipline/discriminate against applicant or employee on basis of consumer credit report/information. An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an applicant or employee if authorized by state or federal law, if the employer reasonably believes that the individual has engaged in specific activity which may constitute a violation of state or federal law, or if the information contained in the report is reasonably related or “job related” to the position of employment. The “job relatedness” requirement is met if the duties involve responsibility for financial assets or employment with a financial institution, access to confidential information, managerial or supervisory authority, direct exercise of law enforcement authority, responsibility for or access to another person’s financial information, or employment with a licensed gaming establishment. Sources Nev. Rev. Stat. § 613; Senate Bill 217.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources Nev. Rev. Stat. Ann. § 598C.170.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. Additional Information. General Exceptions. Upon employee demand, employers may provide a written statement of the reasons for separation. Employers may also provide current/former employees with a statement of meritorious service rendered. Statements need not be provided to employees with less than 60 days of employment. Also, only 1 statement can be issued to an employee. Nev. Rev. Stat. § 613.210.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not condition employment on access to an employee’s or applicant’s personal social media account. Sources Nev. Rev. Stat. § 613; Assembly Bill 181.

New Hampshire

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. A person may be questioned about a previous criminal record only in terms such as “Have you ever been arrested for or convicted for a crime that has not been annulled by a court?” Sources N.H. Rev. Stat. Ann. § 651:5.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources N.H. Rev. Stat. Ann. §§ 359-B:13, 359-B:15.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources N.H. Rev. Stat. §§ 359-B:13, 359-B:15.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers are prohibited from obtaining the user names and passwords of employees’ personal social media or email accounts. The law does not prevent employers from conducting investigations to ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct based on information on an employee’s personal social media account. Employers also are not restricted from investigating employees when unauthorized transfer of proprietary, confidential, or financial information is made to such account. Employers may continue to monitor use of the employer’s electronic equipment and electronic mail as well as request or require login information for access to an account or service provided by virtue of the employee’s employment relationship with the employer or an electronic communications device or online account paid for or supplied by the employer. Sources HB 1407, effective 9/30/14.

New Jersey

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. An employer cannot obtain information regarding expunged records or records concerning charges or adjudications of juvenile delinquency. Employer must have applicant’s signature on requests for these records.
Under the Opportunity to Compete Act, effective 3/1/15, employers may not perform criminal background checks or make any inquiry (whether through a job application, orally, or in writing) about criminal records until after an initial interview. If an applicant voluntarily discloses any information about his or her criminal history during the initial application process, the employer may inquire about the applicants criminal record(s). With limited exception, the new law also bars employers from publishing any job advertisement that explicitly indicates that the employer will not consider any applicant who has been arrested or convicted of a crime. Sources N.J. Admin. Code §§ 13:59-1.2, 13:59-1.6; The Opportunity to Compete Act (S-2500). Additional Information. General Exceptions. There are three exceptions to the new law’s general ban against criminal record inquiries during the initial application process: (1) where the position is in law enforcement, corrections, the judiciary, homeland security, or emergency management; (2) where position requires criminal background check by law or if arrest or conviction of certain offenses would preclude employment by law; or (3) where position is designated by employer to be part of program designed to encourage employment of persons who have been arrested or convicted of one or more crimes.

Are there local law limitations in interview/on employment application regarding criminal history data?
Newark: Yes, for private employers. Employers in Newark, New Jersey may not engage in any conduct (direct or indirect) that is intended to gather information about a candidate’s criminal history in the application or before the employer has extended a conditional offer of employment. An employer may inquire about an applicant or employee’s criminal history only after it has extended a conditional offer of employment to an employee who is “otherwise qualified,” provided the candidate advance written notice to which the employee has provided written consent to the criminal history inquiry, and made a good faith determination that such information is relevant due to the sensitivity of the position in question. Atlantic City: Yes, but only for vendors or contractors doing business with the City. Employment applications may not contain a box or inquiry regarding an applicant’s prior criminal history. Employers may not otherwise inquire about conviction history until after determination that individual is “otherwise qualified” for the position. After conditional offer of employment, employer must advise applicant in writing that criminal history check will occur, notify him/her about the opportunity to rebut decision to retract conditional offer, and provide the type of evidence the individual can use in rebuttal. Sources Newark Ordinance 12-1630; City of Atlantic City, NJ Ordinance Number 83 (Dec. 7, 2011). Additional Information. General Exceptions. Newark: The ordinance’s prohibitions do not apply where any federal or state law or regulation requires the consideration of an applicant’s or employee’s criminal history.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
Newark: Yes, for private employers. Employers may ask only about convictions for murder, voluntary manslaughter and sex offenses requiring registry under NJSA Title 2C, Chapter 7, that are punishable by a term of incarceration in state prison, indictable offense convictions for 8 years following the sentence, disorderly persons convictions or municipal ordinance violations of 5 years following the sentence, and pending criminal charges. In no event may employers ask about arrests not pending or which did not result in a conviction, erased/expunged records, or sealed records. Employers may consider only the nature of the crime and its relationship to the duties of the position sought, any information pertaining to the degree of rehabilitation and good conduct, whether the prospective job provides an opportunity for commission of a similar offense, whether the circumstances leading to the offense are likely to reoccur, the amount of time that has elapsed since the offense, and any certificate of rehabilitation issued by an agency. Employers must document in writing their consideration of these factors using an “Applicant Criminal Record Consideration Form.” The ordinance does not provide this form or a sample of such a document. Atlantic City: Yes, but only for vendors or contractors doing business with the City. Employers must consider mitigating factors such as nature of crime, degree of rehabilitation, time elapsed, good conduct, age and gravity of offense in consideration for employment. Sources Newark Ordinance 12-1630; City of Atlantic City, NJ Ordinance Number 83 (Dec. 7, 2011).

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. Before taking adverse action based on consumer report, the employer must provide individual with description in writing of the rights of the consumer under NJ law. Prior to taking an adverse against an applicant or employee (or volunteer) based on criminal history records, an employer must provide the subject a reasonable period of time to correct or complete the record prior to a final determination on the subject’s eligibility. A person is presumed innocent of any pending charges or arrests for which there are no final dispositions indicated on the record. Sources N.J. Stat. Ann. §§ 56:11-28, 56:11-33, 10:5-12; N.J. Admin. Code §§ 13:59-1.4, 13:59-1.6.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Newark: Yes, for private employers. The written notice of rejection must indicate the particular conviction(s) that relate(s) to the position’s responsibilities, specifically state the factors, and provide the candidate or employee with the Applicant Criminal Record Consideration Form (the ordinance does not provide this form or a sample of such a document). Candidate or employee has 10 business days after receipt of notice of adverse action to respond. Employers must notify affected individual of final determination in reasonable period of time, specifically state reasons for adverse action, and provide a copy to the individual of the documentation concerning the employer’s consideration of any information presented. Atlantic City: Yes, but only for vendors or contractors doing business with the City. Employers who deny employment must immediately notify of adverse decision, provide copy of criminal history report, and highlight particular conviction that is the reason for the decision. The applicant has 10 days to respond, and the employer must provide individual to dispute accuracy/relevance or provide mitigating factors. Sources Newark Ordinance 12-1630; City of Atlantic City, NJ Ordinance Number 83 (Dec. 7, 2011).

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow AB 1519, 2561, 3199, 3238/1922, 1791.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
Yes. Employer must also provide consumer with a written copy of his/her rights under New Jersey’s consumer reporting statute. Sources N.J. Stat. Ann. §§ 56:11-28, 56:11-33.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. Core Industry Exceptions. Healthcare. Upon inquiry of another health care entity, health care entities that in good faith truthfully disclose information about a current/former employee’s job performance as it relates to patient care, the reason for separation, and whether (within the past 7 years) notice was provided to the Division of Consumer Affairs/review panel regarding the health care professional (including a copy of the notice and supporting documentation) are generally not liable for civil damages in actions arising out of the disclosures. N.J. Rev. Stat. § 26:2H-12.2c.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not specify in their job ads that unemployed persons will not be considered. Employers are barred from requiring applicants or employees to disclose their user names or passwords for personal social media sites. Employers may investigate compliance with applicable laws, regulations, or prohibitions against work-related employee misconduct when they receive specific information concerning a personal social media account, and investigate employee actions if they have specific information about an employee’s unauthorized transfer of the employer’s proprietary, confidential, or financial data to a personal account. Employers may also access and use information in the public domain, and adopt and enforce policies governing the use of company-issued electronic devices or employer-provided accounts or services that employees use for business purposes. Sources N.J.S.A. § 34:8B-1 (state statute currently under review by the New Jersey Supreme Court); A2878. Additional Information. General Exceptions. According to a posting on the high court’s website, the justices will consider this question: “Does NJSA 34:8B-1, which restricts employers from publishing job advertisements stating that applicants must be currently employed in order for their applications to be accepted, considered, or reviewed, infringe on employers’ freedom of speech rights under the federal and state constitutions?”.

New Mexico

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow SB 72.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not ask prospective employees to provide a password in order to gain access to the applicant’s account or profile on a social networking website, or to demand access in any manner to an applicant’s account or profile on a social networking website. Sources S. 371.

New York

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not make any inquiry about any arrest or criminal accusation not then pending which was followed by a termination of that criminal action or proceeding in favor of such individual, or by a youthful offender adjudication, or by a conviction for a sealed violation, in connection with employment. Applicants are not required to divulge any of the above-stated arrest or sealed information. If a background report was requested with respect to an offer of employment, the employer must provide the individual of the report with a copy of Article 23-A of the Correction Law governing employment of persons previously convicted. Every employer also must post a copy of Article 23-A of the Correction Law and any regulations relating to the employment of persons previously convicted of one or more criminal offenses. The posting must be located in a place accessible to employees in a visually conspicuous manner. Prior to requesting criminal record information, employer must inform the employee in writing that it is authorized or, where applicable, required, to request his or her criminal history information, inform the prospective employee that he or she has the right to obtain, review, or seek correction of the information, and obtain two sets of fingerprints and the signed, informed consent of the prospective employee on a form supplied by the Division of Criminal Justice Services. Sources N.Y. Exec. Law §§ 845-b, 296(16); NY Gen. Bus. Law, § 380-c; N.Y. Labor § 201 f.

Are there local law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not make any inquiry about any arrest or criminal accusation not then pending which was followed by a termination of that criminal action or proceeding in favor of such individual, or by a youthful offender adjudication, or by a conviction for a sealed violation, in connection with employment. Applicants are not required to divulge any of the above-stated arrest or sealed information. If an investigative consumer report was requested with respect to an offer of employment, the employer must provide the individual of the report with a copy of Article 23-A of the Correction Law governing employment of persons previously convicted. If criminal history information is reported in a consumer report, an employer must provide the consumer with a copy of Article 23-A of the Corrections Law. Every employer also must post a copy of Article 23-A of the Correction Law and any regulations relating to the employment of persons previously convicted of one or more criminal offenses. The posting must be located in a place accessible to employees in a visually conspicuous manner. As a best practice, employers may want to provide a copy of Article 23-A of the Correction Law each time a consumer report is requested. If criminal record information is authorized or required to be obtained pursuant to New York Executive Law 846-b, a provider must inform the consumer in writing that it is authorizes or, where applicable, required, to request his or her criminal history information, inform the consumer that he or she has the right to obtain, review, or seek correction of the information, and obtain two sets of fingerprints and the signed, informed consent of consumer on a form supplied by the Division of Criminal Justice Services.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may only consider (1) convictions that bear a direct relationship to the job sought/held, or (2) whether employment or continued employment would create an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. In making a determination, employers must consider: (a) NY’s public policy to encourage employment of convicted felons, (b) specific duties related to employment sought/held, (c) the bearing, if any, the offense(s) for which the person was convicted will have on the person’s fitness or ability to perform one or more such duties or responsibilities, (d) the time which has elapsed since the occurrence of the criminal offense(s), (e) the age of the person at the time of the occurrence of the offense(s), (f) the seriousness of the offense(s), (g) any information produced by the person or on his behalf in regard to his rehabilitation and good conduct, and (h) the legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals of the general public. Sources N.Y. Corr. Law. §§ 750 – 754 (Article 23-A); N.Y. Exec. Law § 296(15).

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. Before taking adverse actions, the employer must provide the consumer with a copy of the report and a reasonable opportunity not to exceed five business days after receipt of the report to respond to disputed information. The employer must notify the consumer in writing about the opportunity to respond in that period, the name and address of the consumer reporting agency, and his or her ability to dispute information contained. If an applicant is refused employment based on his criminal record, he/she may request a written statement regarding the denial. The employer must respond within 30 days from the request. Sources N.Y. Gen. Bus. Law § 380 b; N.Y. Corr. Law. §§ 750 – 754 (Article 23-A); N.Y. Exec. Law § 296(15).

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. However, when a consumer reporting agency provides a consumer report that contains criminal conviction information, an employer must provide the subject of the report a printed or electronic copy of article 23-A of the Correction Law governing the licensure and employment of persons previously convicted of one or more criminal offenses. Sources N.Y. Gen. Bus. Law § 380 g. State currently considering bill that would limit use of credit report data for employment screening. Follow AB 4052, 6672/1519. Additional Information. General Exceptions. Consumer reporting agencies will not provide information about bankruptcies which antedate the report of the most recent bankruptcy by more than 14 years if prospective employees will be paid less than $25,000 annually. N.Y. Gen. Bus. Law. § 380-j.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
Yes. If investigative consumer report was requested with respect to an offer of employment, employer must provide the subject of the report with a copy of article 23-A of the Correction Law governing the licensure and employment of persons previously convicted of one or more criminal offenses in such notice. An employer can refuse to hire an applicant who refuses to authorize the employer to obtain investigative consumer information. Sources N.Y. Gen. Bus. Law § 380-c.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources N.Y. Gen. Bus. Law § 380-b.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No. But see New York City: Yes. Employers and employment agencies may not consider an applicant’s unemployment status in adverse hiring decisions (unless there is a substantially job-related reason for doing so), or publish any job ad that would disqualify applicants based on unemployed status. Employers may ask, however, about the circumstances surrounding an applicant’s separation from his or her prior employment. City Council Bill 814-A.

North Carolina

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. The subject of an expunged record may legally refrain from responding to any inquiry regarding expunged entries related to arrest or trial. Sources NC Gen. Stat. 15A-146.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Additional Information. General Exceptions. If an employer uses an employee’s social security number to confirm the accuracy of the number for purposes of obtaining a consumer credit report, the employer may not print the number, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened. N.C. Gen. Stat. § 75-62.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

North Dakota

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. Non-Binding Authority. The North Dakota Department of Labor states that employers should not make inquiries regarding arrests, and recommends the following inquiry: “Have you ever been convicted of a felony?” http://www.nd.gov/labor/publications/docs/employment.pdf

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Ohio

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire about applicant’s juvenile arrest record that has been expunged and applicant may respond as if the record does not exist. In any application for employment, a person may be questioned only with respect to convictions not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered. Sources Ohio Rev. Code §§ 2151.358, 2953.33.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Applicant may not be subject to adverse action based on refusal to respond to inquiry about expunged record. Sources Ohio Rev. Code 2151.358.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow HB 131, SB30.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Oklahoma

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not require an applicant to disclose any information contained in sealed arrest/conviction records. The applicant may state that no such action has ever occurred. Sources 22 O.S. 19.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may not deny application because of applicant’s refusal to disclose sealed records. Sources 22 O.S. 19

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes, effective 11/01/14. Employers may not (1) require an employee or applicant to disclose a user name and password for accessing a personal online social media account through an electronic communications device; (2) require such individual to access his/her account in the presence of the employer in a manner that enables the employer to observe the contents of such accounts if the account’s contents are not available to the general public (but see exception for investigation); or (3) retaliate against an employee, or refuse to hire applicant, based on refusal to give the employer the user name or password to the individual’s account. However, an employer may conduct an investigation for the purpose of ensuring compliance with applicable laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on a personal account/service, or of an employee’s actions based on the receipt of specific information about the unauthorized transfer of an employer’s proprietary information, confidential information or financial data to a personal account /service. In addition, nothing prohibits an employer from reviewing or accessing personal online social media accounts that an employee may choose to use while utilizing an employer’s computer system, information technology network or an employer’s electronic communication device. Sources 40 Okla. Stat. § 173.2; HB 2372. Additional Information. General Exceptions. An employer may request or require an employee to disclose any user name and password for accessing: (1) Any computer system, information technology network, or electronic communications device provided or subsidized by the employer; or (2) Any accounts or services provided by the employer or by virtue of the employee’s employment relationship with the employer or that the employee uses for business purposes.If, through the use of an electronic device or program that monitors an employer’s network or the use of employer provided devices, an employer inadvertently receives an employee’s user name and password or other authentication information, the employer is not liable for having such information, but may not use the information to access an employee’s personal online social media account.

Oregon

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers cannot consider a juvenile record that has been expunged in making employment decisions unless the absence of such record is a bona fide occupational qualification. Sources Or. Rev. Stat. § 659A.030.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Additional Information. General Exceptions. Employers may not use an applicant’s or employee’s credit history in any employment decision unless (1) the individual is given advance written notice of the reasons for the use of such information, and (2) the credit history is substantially related to the position sought. Or. Rev. Stat. § 659A.885; Or. Admin. Regs §§ 839-005-0065, 839-005-0080.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not obtain or use an applicant’s or employee’s credit history for employment purposes, or use such information in any employment decision, unless (1) the individual is given advance written notice of the reasons for the use of such information, and (2) the credit history is substantially related to the position sought. Sources Or. Rev. Stat. § 659A.885; Or. Admin. Regs §§ 839-005-0065, 839-005-0080. Core Industry Exceptions. Public Employees/Govt. The prohibition against using or obtaining credit history does not apply to employers that are federally insured banks or credit unions, employers required by state or federal law to use credit history for employment purposes, or public safety officers who are members of a law enforcement unit.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not specify in their job ads that unemployed persons will not be considered.
In addition, employers are prohibited from compelling employees and applicants for employment to provide access to personal social media accounts or to add an employer to their social media contact lists, and from discriminating against such individuals for failing to disclose such information or to provide access. Sources Senate Bill 1548; Or. Rev. Stat. § 659A, HB 2654.

Pennsylvania

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not consider arrest records. Sources 18 Pa. Cons. Stat. § 9125.

Are there local law limitations in interview/on employment application regarding criminal history data?
Philadelphia: Yes, for private employers. Employers with 10 or more employees may not include criminal history questions (or a box to check) on an employment application. Such employers also may not otherwise require applicants to disclose their criminal history until after the employer accepts the application and conducts the first telephone or in-person interview. An employer that does not conduct an initial telephone or in-person interview is barred from making any inquiries or gathering any information about the applicant’s criminal convictions. Employer may discuss criminal convictions if an applicant happens to voluntarily disclose such information during the first interview. Pittsburgh: Yes, but only for vendors/contractors doing business with the Xity. Such employers may not inquire about an applicant’s conviction history until after it has been determined that the applicant is otherwise qualified for the position. If, as a result of a conviction history check , the employer finds a valid reason to withdraw the conditional offer, the applicant must have an opportunity to provide clarifying information prior to final decision. Sources Philadelphia Bill No. 110111-A; Pittsburgh Ordinance Ordinance 2012-0015, §161.16 (December 17, 2012).
Penalties Class III offense, subject to fines of $2000 per violation. Additional Information. General Exceptions. Philadelphia: The restrictions do not apply where the inquiries or adverse actions are “specifically authorized” by any other applicable law.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers may not consider arrest records, and may consider a prospective employee’s convictions only to the extent they relate to the applicant’s suitability for the position for which he or she applied. Sources 18 Pa. Cons. Stat. § 9125.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
Philadelphia: Yes, for private employers. An employer may not take adverse employment action based on arrest that did not result in conviction. Sources Bill No. 110111-A.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No. Sources 18 Pa. Cons. Stat. § 9125.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. Sources State currently considering bill that would limit use of credit report data for employment screening. Follow SB128.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Rhode Island

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not inquire about an applicant’s arrest records not resulting in conviction. Job applicants with expunged convictions may state that they have not been convicted. Prospective employers with four or more employees also may not make inquiries on employment applications regarding criminal convictions except when federal or state law mandates disqualification of a person from employment because of a prior criminal conviction or specifically authorizes such inquiries. Sources R.I. Gen. Laws § 28-5-7(7); Senate Bill 357. Additional Information. General Exceptions. Employers may include such a question or otherwise inquire about an applicant’s conviction history where a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a conviction for one or more certain crimes.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. If an employer does not hire a prospective employee due to information contained in his/her credit report, the employer must inform the individual of this fact and supply the name and address of the credit bureau making the report. Sources R.I. Gen. Laws § 6-13.1-21.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No. However, a credit bureau may not use all or part of a consumer’s social security number as the sole factor when determining whether a credit report matches the identity of a person who is the subject of a credit inquiry from a user of credit reports. When a social security number is used as a factor, the bureau may disclose the credit report only if the name and one other identifier (e.g., address, prior address, date of birth, mother’s maiden name, place of employment) also match the subject’s identity. Sources R.I. Gen. Laws § 6-13.1-29.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No. Sources R.I. Gen. Laws § 6-13.1-21.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not ask applicants or employees to disclose personal social media access or content information or compel such individual to add anyone (including the employer or agent) to the list of contacts associated with the account. Employers also may not discipline, discharge, or in any way penalize any employee for refusing to divulge social media information. The law would not apply to information that is publicly available, and would not prohibit or restrict an employer from complying with a duty to screen individuals before hiring or to monitor communications for banking, insurance, or securities related business purposes. Sources s2095Aaa; RI Gen. Laws §§ 28-56-1 et. seq. Additional Information. General Exceptions. This new law is patterned on California’s statute, which is considered one of the nation’s strongest social media privacy laws in the nation.

South Carolina

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

South Dakota

Are there state law limitations in interview/on employment application regarding criminal history data?
No. Additional Information. Non-Binding Authority. Questions about a person’s arrest, court, or conviction record may be suspect under the South Dakota Human Relations Act if not “substantially related” to the functions of the employment sought. http://dlr.sd.gov/humanrights/publications/preemployment.pdf ; S.D. Admin. Code §§ 20:03:08:01, 20:03:08:02.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Upon written request, written responses provided to a prospective employer must be made available to the current/former employee. Sources S.D. Cod. Laws, § 60-4-12.

With the exception of criminal history, are there other state background check restrictions?
No.

Tennessee

Are there state law limitations in interview/on employment application regarding criminal history data?
No.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not request or require applicants or employees to disclose a password that allows access to their personal Internet accounts, compel them to add the employer or employment agency to list of contacts associated with the personal account, or compel them to access the account in the presence of the employer or in a manner that enables the employer to observe the contents. Employer may request or require username or password required only to (1) gain access to an electronic communications device supplied by or paid for wholly or in part by the employer; or an account or service provided by the employer that is obtained by virtue of the employment relationship or used for the employer’s business purposes; (2) discipline employee for transferring employer’s proprietary data to employee’s personal Internet account without employer authorization; (3) conduct investigation if specific information on personal account regarding compliance with applicable laws or prohibitions against work-related employee misconduct or if the employer has specific information about inappropriate transfer of data; (4) restrict employee’s access to certain websites while using an electronic communications device supplied by or paid for wholly or in party by the employer or while using an employer’s network or resources; (5) access/monitor/block data stored on device supplied by or paid for wholly or in part by employer or stored on an employer’s network; (6) comply with duty to screen individuals as required by federal or state law; or (7) use information obtained in the public domain. Sources SB 1808 (effective 01/01/15).

Texas

Are there state law limitations in interview/on employment application regarding criminal history data?
No. However, a person whose records are expunged may deny the arrest and the existence of the expunction order. Likewise, a person whose juvenile records have been sealed is not required in any application for employment to state that he or she has ever been the subject of a juvenile court proceeding. Sources Tex. Code Crim. Pro. 55.03, Family Code tit. 3, 58.003(j).

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. In Austin Texas and Travis County, an employer may not solicit criminal history information about an individual or consider an individual’s criminal history unless the employer has first made a conditional employment offer to the individual. This does not preclude an employer from explaining to applicants, in writing, the individualized assessment system that the employer uses to consider criminal history. Source. THE CITY COUNCIL OF THE CITY OF AUSTIN ORDINANCE NO. 20160324-019 (March 2016), ch. §4-15-4.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No. The state currently considering bill that would limit use of credit report data for employment screening. Follow HB 449.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Utah

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers cannot obtain information about an expunged portion of a criminal record. Further, a potential employee who has received an expungement of an arrest or conviction may respond to an employer’s inquiry as though the arrest or conviction did not occur. Sources Utah Code § 77-18-10.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. With limited exception, employers may not request that an employee or job applicant disclose a username or password, or a password that allows access to the employee or applicant’s personal Internet account. Employers also may not penalize an employee or applicant for failing to disclose such information. Sources Utah Code § 34-48-101 et. seq.; Substitute House Bill 100; Internet Employment Privacy Act. Additional Information. General Exceptions. Employer may request or require employee to disclose a username or password required only to gain access to a device supplied by or paid for in whole or in part by the employer, or an account or service provided by employer because of employment relationship and used for business purposes. Employer may also disclipline/discharge employee for transferring confidential/proprietary information or financial data to employee’s personal Internet account without employer’s authorization. Employer may also conduct investigation or require employee to cooperate in investigation if there is specific information about activity on employee’s personal Internet account for purpose of compliance with laws or work-related misconduct, or if employer has specific information about an unauthorized transfer of proprietary/confidential information or financial data on personal Internet account.

Vermont

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers entitled to receive a criminal conviction record may not require an applicant to obtain, submit personally, or pay for a copy of his or her criminal conviction record. Sources 20 V.S.A. § 2056c. An employer shall not request criminal history record information on its initial employee application form. An employer may inquire about a prospective employee’s criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position. (b)(1) An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met: (A)(i) the prospective employee is applying for a position for which any federal or State law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or (ii) the employer or an affiliate of the employer is subject to an obligation imposed by any federal or State law or regulation not to employ an individual, in either one or more positions, who has been convicted of one or more types of criminal offenses; and the questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation. Sources VT LEG #316788 v.1.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Employers may not inquire about an applicant or employee’s credit history or credit report. Employers also may not refuse to hire or otherwise discriminate against applicants or employees based on credit history. Sources 21 V.S.A. § 495i; Vermont Act 154 (S. 95). Core Industry Exceptions. Public Employees/Govt. Law enforcement agencies, fire departments, and employers of emergency medical personnel may consider credit history as noted below. Additional Information. General Exceptions. Decisions based on credit history permitted if information required by law, employer is financial institution or credit union, or position involves access to confidential financial, financial fiduciary, or payroll information. Must obtain written consent, disclose written reasons for access and any adverse action taken, and provide opportunity to contest accuracy. Employer must pay for costs associated with obtaining history/report. Credit history/report may not be sole factor in employment decision. Under Vermont’s Social Security Number Protection Act, a social security number that is permitted to be mailed for the purpose of obtaining a credit report under the federal Fair Credit Reporting Act may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on an envelope without the envelope having been opened. 9 V.S.A. § 2440.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No. Sources 9 V.S.A. § 2480e.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
Yes. No confidential separation agreement may inhibit the disclosure to prospective employers of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Sources Vermont Code, tit. 21, §§ 306, 308.

Are there state restrictions when providing employment references?
Yes. An employer who provides written information about a current or former employee must provide a copy of the writing to the employee. Sources Vermont Code, tit. 21, §§ 306, 308.

With the exception of criminal history, are there other state background check restrictions?
No.

Virginia

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers cannot require applicants to disclose information about arrests (or criminal charges that did not result in conviction) that have been expunged. Sources Va. Code Ann. §§ 19.2-392.4, 19.2-389.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

Washington

Are there state law limitations in interview/on employment application regarding criminal history data?
No. However, pre-employment inquiries regarding arrests must include whether charges are still pending, have been dismissed, or led to conviction of a crime involving behavior that would adversely affect job performance, and whether the arrest occurred within the last ten years. Inquiries regarding convictions are considered justified by business necessity only if the crimes inquired about reasonably relate to the job duties, and if such convictions (or release from prison) occurred within the last 10 years. Employers must notify the applicant/employee that a criminal record inquiry may be made. They must also require each employee/applicant to disclose in writing whether he or she has been convicted of a crime and/or had certain findings made against him/her. To obtain this criminal record information from the Washington State Patrol, the employer must notify the individual of receipt of a report within 30 days. The state patrol will furnish a conviction record without the individual’s express consent if individual may have access to confidential information, money, or items of value, to secure a required bond, or to assist in an investigation of suspected employee misconduct. The employer must make the record available for examination by the individual and inform the individual of the record’s availability. Sources Wash. Admin. Code § 162-12-140, Wash. Rev. Code §§ 49.60.180, 43.43.815, 43.43.834.

Are there local law limitations in interview/on employment application regarding criminal history data?
Seattle: Yes, for private employers. Employer may not advertise, publicize, or implement any policy or practice that automatically or categorically excludes all individuals with any arrest or conviction record from any employment position that will be performed in whole or substantial part (at least 50% of the time) within the city of Seattle. An employer may perform a criminal background check on a job applicant or require a job applicant to provide criminal history information, but only after the employer has completed an initial screening of applications or resumes to eliminate unqualified applicants. Sources Seattle Ordinance No. 124201; Chapter 14.17.010 et. seq.
Additional Information. General Exceptions. The term employee does not include law enforcement, policing, crime prevention, security, criminal justice, or private investigation services. It also does not include an individual who will or may have unsupervised access to children under 16, developmentally disabled persons, or vulnerable adults during the course of his/her employment. The restrictions do not apply where the inquiries or adverse actions are “specifically authorized” by any other applicable law.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employer may use an applicant/employee’s criminal record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited. Sources Wash. Rev. Code §§ 43.43.815, 43.43.834.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
Seattle: Yes, for private employers. Employers may not carry out a tangible adverse employment action solely based on an employee or applicant’s arrest record. Employers may not carry out a tangible employment action solely based on the conduct relating to an arrest, or based on an individual’s criminal history record or pending criminal charge, unless the employer has a legitimate business reason for taking such action. Sources Seattle Ordinance No. 124201; Chapter 14.17.010 et. seq.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Yes. Before taking any adverse employment action against an employee or prospective employee based on a consumer report, the employer must provide to the consumer to whom the report relates: (1) the name, address, and telephone number of the consumer reporting agency providing the report; (2) a description of the employee consumer’s rights under the Washington Act which pertain to consumer reports obtained for employment purposes; and (3) a reasonable opportunity to respond to any information in the report that is disputed by the employee consumer. The Act also requires that after taking an adverse action based on an employee’s consumer report, the employer must provide written notice of the adverse action to the employee consumer. An employer’s verbal notice will suffice only for businesses regulated by the Washington utilities and transportation commission. Sources Wash. Rev. Code §§ 19.182.020, 19.182.110.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
Seattle: Yes, for private employers. Employer must identify to the applicant or employee the record(s) or information on which they are relying and give the individual a reasonable opportunity to explain or correct the information. Employers must hold open a position for a minimum of two business days after notifying an applicant or employee that they will be making an adverse employment decision solely based on their criminal conviction record, the conduct relating to an arrest record, or pending charge in order to provide that individual a reasonable opportunity to respond.
Sources Seattle Ordinance No. 124201; Chapter 14.17.010 et. seq.

Are there additional limitations beyond FCRA in using credit reports/history?
Yes. Consumer reports addressing the consumer’s creditworthiness, credit standing, or credit capacity may not be procured for employment purposes unless: (1) that information is substantially job related and the employer’s reasons for the use of such information are disclosed to the consumer in writing, or (2) it is otherwise required by law. Before taking any adverse employment action against an applicant or employee based on a consumer report, employer must provide to the consumer to whom the report relates:(1) the name, address, and telephone number of the consumer reporting agency providing the report; (2) a description of the employee consumer’s rights under the Washington Act which pertain to consumer reports obtained for employment purposes; and (3) a reasonable opportunity to respond to any information in the report that is disputed by the employee consumer. After taking an adverse action based on an employee’s consumer report, the employer must provide written notice of the adverse action to the employee consumer. An employer’s verbal notice will suffice only for businesses regulated by the Washington utilities and transportation commission. Sources Wash. Rev. Code §§ 19.182, 110, 19.182.020, 19.182.040.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No. The provisions of the Washington law are similar to those of the FCRA, and in some cases even less stringent. Sources Wash. Rev. Code §§ 19.182.020(2)(a)(i), 19.182.050. Additional Information. General Exceptions. Note: An abstract of a person’s driving record may be furnished to an employer or prospective employer if there is a statement signed by the employee or applicant authorizing release of the record and the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment. As of June 7, 2012, the Director of the State of Washington Department of Licensing may enter into a contractual agreement with an employer/agent to review the driving records of existing employees for changes during specified periods of time.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
Yes. Before adverse action, employer must provide employee/applicant with (1) the name, address, and telephone number of the consumer reporting agency providing the report; (2) a description of the employee consumer’s rights under the Washington Act which pertain to consumer reports obtained for employment purposes; and (3) a reasonable opportunity to respond to any information in the report that is disputed by the employee consumer. After adverse action, employer must provide written notice of the adverse action to the employee consumer. An employer’s verbal notice will suffice only for businesses regulated by the Washington utilities and transportation commission. Sources Wash. Rev. Code §§ 19.182.110, 19.182.020.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
Yes. Upon request, a current or former employee has a right to inspect such records and they must become part of the employee’s personnel file. Sources Wash. Rev. Code § 4.24.730. Additional Information. General Exceptions. Every employer must furnish to a former employee, within 10 business days of receipt of the former employee’s written request, a signed written statement that states the reasons for the former employee’s discharge and the effective date of the discharge. Wash. Admin. Code § 296-126-050.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers generally will not be able to: request/require login credentials from employees or applicants; request/require employees or applicants to access their accounts in an employer’s presence; mandate that a particular person be added as a social media friend or contact; or ask that an account’s privacy settings be changed. Sources SB 5211; Wash. Rev. Code § 49.44. Additional Information. General Exceptions. The measure includes an exception for companies that request personal social media content when required to make factual determinations in workplace investigations.

West Virginia

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employer may not ask about expunged criminal records. Upon expungement, the proceedings in the matter are deemed never to have occurred, and the individual who was the subject of the record does not have to disclose anything relating to the record or matter on an application for employment. Sources W. Va. Code § 49-5-19, 61-11-25.
Additional Information. Non-Binding Authority. According to West-Virginia’s Pre-Employment Inquiry Guide, pre-employment inquiries into general arrest records are suspect, and inquiries into prior convictions are permissible if they bear a direct relationship to the job. The Guide also recommends that the inquiry be accompanied by a disclaimer that states that a conviction record will not necessarily be a bar to employment. BNA-FEPM, 458:850.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No. Additional Information. Non-Binding Authority. West-Virginia’s Pre-Employment Inquiry Guide provides that consideration should be given to the nature and recentness of prior convictions and rehabilitation of the offender. BNA-FEPM, 458:8501.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No. Core Industry Exceptions. Other Industry Exceptions. Officers may provide another financial institution with a current/former employee’s employment information if limited to the employee’s active participation in violations of state/federal statutes, rules or regulations relating to financial institutions, that have been reported to proper state or federal authorities. W.V. Code § 31A-4-44.

With the exception of criminal history, are there other state background check restrictions?
No.

Wisconsin

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. Employers may not request that applicant supply information about pending criminal charge or conviction record on an application form or otherwise unless the charge or conviction is relevant to the employee’s bondability when employment depends on bondability, or if the circumstances of the charge are substantially related to the circumstances of the job. Sources Wis. Stat. §§ 111.33, 111.321, 111.325, 111.335. Additional Information. Non-Binding Authority. According to the Wisconsin Department of Workforce Development, employers may not inquire about arrests other than pending criminal charges. http://www.dwd.state.wi.us/er/discrimination_civil_rights/publication_erd_7609_p.htm West-Virginia’s Pre-Employment Inquiry Guide provides that consideration should be given to the nature and recentness of prior convictions and rehabilitation of the offender. BNA-FEPM, 458:8501.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
Yes. Employers generally may not discriminate against an individual (e.g., refuse to hire, license, bar or terminate from employment) based on arrest or conviction records. An employer may suspend, refuse to employ or discharge an individual from employment only if he/she has a pending criminal charge or was convicted of a felony, misdemeanor, or other offense which substantially relates to the circumstances of the particular job, or if the person is not bondable where bondability is required by law. Certain felony convictions will automatically proscribe employment. Each job and record must be considered individually. Sources Wis. Stat. §§ 111.321, 111.335.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
Yes. Employers may not request or require passwords or other protected access to employees’ personal Internet accounts. The law provides exceptions for employer-supplied equipment, accounts used for business purposes, and to protect the employer’s proprietary and confidential information. Sources Public Act 208; SB 223 (Effective 04/08/14). Additional Information. Local Jurisdiction Information. The city of Madison also prohibits discrimination in employment based on the fact that an individual is currently unemployed. It also prohibits an employer from refusing to hire an unemployed person or to post any notice or advertisement relating to employment that shows a preference for hiring someone who is currently employed. Ordinance 39.03; 13-00211.

Wyoming

Are there state law limitations in interview/on employment application regarding criminal history data?
Yes. If a record is expunged, it is deemed never to have existed, and an applicant for employment may reply accordingly to any inquiries regarding such records. Sources Wyo. Stat. Ann. § 14-6-241.

Are there local law limitations in interview/on employment application regarding criminal history data?
No.

Are there state law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there local law limitations on what criminal history information an employer may use when making an employment decision?
No.

Are there state law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there local law requirements beyond FCRA when employer takes adverse action in whole/part based on information in a background check/consumer report?
No.

Are there additional limitations beyond FCRA in using credit reports/history?
No.

Are there additional requirements beyond FCRA for employee consent for background check/consumer report?
No.

Are there additional requirements beyond FCRA when taking adverse action based on consumer/credit report?
No.

Are there state limitations in the use of employment references?
No.

Are there state restrictions when providing employment references?
No.

With the exception of criminal history, are there other state background check restrictions?
No.

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