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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Alaska no has laws or regulations specifically prohibiting arrest or conviction record inquiries. However, the Alaska Department of Labor and Workforce Development’s “Pre-employment Questioning” guidelines say that employers may not base applicant rejection on arrests alone but may legally consider convictions during the selection process. The guidelines then simply refer to EEOC rulings.
Employer immunity from disclosure claims
In Alaska, an employer/former employer may disclose information about employee/former employee job performance to a prospective employer upon request of the prospective employer or the employee/former employee, unless he/she is not acting in good faith. An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer:
- Disclosed false or deliberately misleading information, recklessly, knowingly, or with a malicious intent, or
- Disclosed information in violation of the employee’s/former employee’s civil right under AS 18.80.
Alaska state employees who are direct supervisors or that supervisor’s successor or designee may disclose information about employee/former employee job performance in accordance with AS 09.65.160.
State
Contacts
Employer immunity from disclosure claims
Alaska Department of Labor and Workforce Development
Arrest record inquiries
Alaska Department of Labor and Workforce Development
Alaska Commission for Human Rights
Conviction record inquiries
Alaska Department of Labor and Workforce Development
Alaska Commission for Human Rights
Regulations
Employer immunity from disclosure claims
Alaska Stat. §09.65.160, Immunity for good faith disclosures of job performance information
2 Alaska Admin. Code 07.915, Job References
Arrest record inquiries
None.
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.