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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Executive Order 2017-17, also known as the “Second Chance Box” order, was signed into law via executive order on November 6, 2017. State agencies may not ask for any information about a criminal record during the initial stage of the application process, nor shall a criminal record disqualify an applicant from receiving an interview. The agency may inquire into and consider an applicant’s criminal record after the initial interview phase. Following the initial interview, a person may be denied employment based on criminal history if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought. Arizona Revised Statute 13-904.
Under the Arizona Civil Rights Act, private employers may inquire about a criminal record at any point; however, employers who choose to ask about prior convictions must include a statement that a prior conviction will not necessarily bar an applicant from employment.
Employer immunity from disclosure claims
In Arizona, a former employer may disclose to prospective employers or their agents information about a person’s education, training, experience, qualifications, and job performance. An employer is immune from civil liability if he/she discloses termination, job performance, conduct, or evaluation information on an employee/former employee to a prospective employer upon request, unless he/she is not acting in good faith. Lack of good faith may be shown if the employer/former employer disclosed the information with the intent to mislead or with actual malice (knowing the information is false or communicating recklessly). Good faith may be shown if the employer/former employer:
- Has less than 100 employees and provides information authorized by law, or
- Has 100 or more employees and regularly provides requested information authorized by law.
Certain financial institutions are not civilly liable for providing employment references, unless the institution provides false information with knowledge and malice.
Knowingly exchanging, soliciting, or giving out any labor blacklist is a crime.
State
Contacts
Employer immunity from disclosure claims
Arizona Department of Commerce
Arrest record inquiries
Arizona Attorney General - Civil Rights Division
Conviction record inquiries
Arizona Attorney General - Civil Rights Division
Regulations
Employer immunity from disclosure claims
Arizona Revised Statute 23-1361, Blacklist; definition; exceptions; privileged communications; immunity
Article 18 Section 9, Blacklists
Arrest record inquiries
None.
Conviction record inquiries
Arizona Revised Statute 13-904, Suspension of civil rights and occupational disabilities
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.