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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to all employers. NC Stat. §15A-153.
While not a “ban the box” law, this statute (effective December 1, 2013) prohibits an employer from requesting that an applicant provide information regarding an arrest, criminal charge, or conviction that has been expunged, and requires a state or local government agency to advise an applicant that he or she is not required to disclose such information.
State
Contacts
Employer immunity from disclosure claims
North Carolina Department of Correction
North Carolina Department of Justice
Arrest record inquiries
North Carolina Employment Discrimination Bureau
Conviction record inquiries
North Carolina Employment Discrimination Bureau
Regulations
Immunity from civil liability for employers disclosing information
NC General Statute – Chapter 1, Subchapter XIV, Article 43B (§1-539.12)
Blacklisting employees
NC General Statute – Chapter 14, Subchapter XI, Article 45 (§14-355)
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.