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Summary of differences between federal and state regulations
Arrest & 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
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.