TITLE 28
Labor and Labor Relations

CHAPTER 28-6.14
Employment Applications Prohibited

SECTION 28-6.14-1


§ 28-6.14-1. Criminal history on application for employment.

(a) The director of labor and training shall have the same powers and duties as set forth in chapter 12 and chapter 14 of title 28 to investigate, inspect, subpoena, and enforce through administrative hearings, complaints that allege that an employer has included on any application for employment, except applications for law-enforcement agency positions, or positions related to law-enforcement agencies, a question inquiring whether the applicant has ever been arrested, charged with, or convicted of any crime; provided that:

(1) If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a person's conviction of one or more specified criminal offenses, an employer may include a question whether the applicant has ever been convicted of any of those offenses; or

(2) If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment, and the applicant's conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question whether the applicant has ever been convicted of any of those specified criminal offenses.

(b) The department of labor and training and the commission for human rights shall cooperate in the investigation of complaints filed under this section when the allegations are within the jurisdiction of both agencies.

(c) The department of labor and training shall disseminate information to employers and workers about the prohibitions prescribed in this section.

History of Section.
(P.L. 2017, ch. 402, § 1; P.L. 2017, ch. 431, § 1.)