Background checks - Idaho

Summary of differences between federal and state regulations

Arrest and conviction record inquiries

Idaho has no laws or regulations specifically prohibiting arrest or conviction record inquiries. However, the “Pre-Employment Inquiries” document published by the Idaho Human Rights Commission states that it is “unwise or unacceptable” to ask if someone has been arrested or charged with a crime. Employers who inquire about convictions are advised to consider the nature of the violation and time elapsed before disqualifying a candidate.

State

Contacts

Employer immunity from disclosure claims

Idaho Commerce and Labor

Arrest record inquiries

Idaho Commission on Human Rights

Conviction record inquiries

Idaho Commission on Human Rights

Regulations

Employer immunity from disclosure claims

Idaho Statute 44-201, Employer duties

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.