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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
North Dakota has no laws or regulations specifically prohibiting arrest record inquiries. However, the “Employment Applications and Interviews” guidelines published by the North Dakota Department of Labor say that the employer should not ask if an applicant has been arrested but may ask if the applicant has ever been convicted of a felony.
State
Contacts
Employer immunity from disclosure claims
North Dakota Department of Labor
Arrest record inquiries
North Dakota Bureau of Criminal Investigation
North Dakota Human Rights Division
Conviction record inquiries
North Dakota Bureau of Criminal Investigation
North Dakota Human Rights Division
Regulations
Employer immunity from disclosure claims
North Dakota Century Code §34-01-04, Intimidation, force, and treats against employees prohibited – penalty
North Dakota Century Code §34-01-05, Intimidation, force, and threats against employers prohibited – penalty
North Dakota Century Code §34-01-06, Hindering person from obtaining or enjoying employment – penalty
North Dakota Century Code §34-02-18, Immunity for providing employment reference
North Dakota Constitution, Article XII, Section 17, Corporations other than municipal
Arrest record inquiries
North Dakota Century Code, §12-60-16.6, Criminal history record information
Conviction record inquiries
North Dakota Century Code, §12-60-16.6, Criminal history record information
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.