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Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).
Rhode Island law provides that it is unlawful for any employer to ask on any employment application questions whether the applicant has been arrested or charged with a crime An employer may not ask about prior criminal convictions except when federal or state law specifically disqualifies a person from employment because of a prior conviction or authorizes such inquiries. There is an exception for positions relating to law enforcement agencies. §28-5-7(7)
Except where based on a bona fide occupational qualification, or where necessary to comply with any federal mandated affirmative action programs, an employer may not in any form of application ask questions pertaining to race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin. §28-5-7(4)
In any application for employment, a person whose conviction of a crime has been expunged may state that he or she has never been convicted of the crime. (There are a few exceptions for law enforcement agency positions, admission to the bar, teachers, etc.) §12-1.3-4
All employers doing business in the state of Rhode Island shall disclose to all prospective employees at the time of application for employment whether or not the employer is subject to the state workers’ compensation statutes (chapters 29-38 of Title 28). If exempt, the employer must disclose the type of exemption that applies. This must be on the first page of any employment application. §28-29-6.2
An employer may not charge a fee for the filing of an employment application with the employer. §28-6.3-1
State
Contact
Rhode Island Department of Labor and Training
Regulations
Rhode Island General Laws Title 28, Chapter 28-5, §28-5-7(7)
www.rilin.state.ri.us/statutes/title28/28-5/28-5-7.htm
Rhode Island General Laws Title 28, Chapter 28-5, §28-5-7(4)
www.rilin.state.ri.us/statutes/title28/28-5/28-5-7.htm
R.I. Gen. Laws Title 12, Chapter 12-1.3, §12-1.3-4
www.rilin.state.ri.us/statutes/title12/12%2d1.3/12%2d1.3%2d4.htm
Title 28, Chapter 28-29, §28-29-6.2
www.rilin.state.ri.us/statutes/title28/28%2d29/28%2d29%2d6.2.htm
Title 28, Chapter 28-6.3, §28-6.3-1
www.rilin.state.ri.us/statutes/title28/28%2d6.3/28%2d6.3%2d1.htm
Federal
Contacts
None.
Regulations
None.