Before running Idaho background checks on any candidates, employers should be aware of the background screening restrictions that exist in Idaho. Below, we have compiled a list of the most relevant considerations.
Ban the Box
Currently, Idaho is one of the only states in the country with no ban the box legislation on the books—either at the state level or for local jurisdictions. However, there have been legislative pushes to bring ban the box legislation to the state. A bill currently pending in the state legislature would prohibit companies with five or more employees from asking questions about criminal history on job applications or in interviews. The bill would also require employers to delay the criminal background screening process until after making a conditional offer of employment. Finally, the legislation would require employers to consider “the nature or gravity” of a criminal offense, the time since the crime, and the nature of the job at hand when deciding whether to disqualify a candidate for criminal conduct.
This legislation is not law yet. If it passes the legislature, then it will apply to most employers—both public and private—throughout the state of Idaho. Employers would be wise to follow the progress of the bill to stay aware of any changes in their obligations.
Idaho does not have a law that bars employers from asking a candidate whether he or she has been arrested for or charged with a crime. However, the Idaho Human Rights Commission has issued guidance on this subject, advising employers to refrain from inquiring about arrests. The guidance states arrests are not proof of guilt and are therefore irrelevant to employment decisions. Employers should follow this guidance to avoid potential claims of discrimination. Note this Idaho background check from backgroundchecks.com will not include arrest history information.
If you decide to make an adverse hiring decision based on a piece of information uncovered through this Idaho state background check, be sure to consider the conviction in detail first. The Human Rights Commission advises employers to consider the relevance of the conviction(s) to the job at hand, the recency of the conviction(s), and the number of convictions on the candidate’s record. Convictions not specifically related to the job in question or convictions that are years in the past may not be considered reasonable grounds for disqualification.