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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Wyoming has no laws or regulations specifically prohibiting arrest or conviction record inquiries, though employers may not make inquiries into expunged records.
Employer immunity from disclosure claims
In Wyoming, a former employer may disclose to a prospective or current employer information about former employee job performance, unless he/she is acting in good faith. A former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the former employer discloses information:
- He/she knows is false,
- That is intentionally misleading, or
- With malicious intent.
State
Contacts
Employer immunity from disclosure claims
Wyoming Department of Employment
Arrest record inquiries
Wyoming Department of Employment
Conviction record inquiries
Wyoming Department of Employment
Regulations
Employer immunity from disclosure claims
Wyoming Statute 27-1-113, Employer immunity for disclosure of certain employee information; rebuttal of presumption
www.lexisnexis.com/hottopics/wystatutes/
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.