Maine has a number of laws governing background screening for employment purposes. These laws are designed to protect employees from discrimination and to ensure that employers have accurate information about potential employees.
Maine has a ban-the-box law, which prohibits employers from asking about an applicant’s criminal history on an initial employment application. The law went into effect on October 18, 2021.
Under the ban-the-box law, employers can still ask about an applicant’s criminal history during an interview or after the employer has determined that the applicant is otherwise qualified for the position. However, employers must give applicants an opportunity to explain any criminal history information before making a hiring decision.
Employers in Maine can conduct criminal history records checks on potential employees. However, there are a number of restrictions on what information can be obtained and how it can be used.
The Fair Credit Reporting Act (FCRA) sets forth the general rules for conducting background checks. The FCRA prohibits employers from obtaining information about arrests that did not result in convictions. The FCRA also prohibits employers from obtaining information about convictions that are more than seven years old, unless the position pays more than $75,000 per year.
In addition to the FCRA, Maine has a number of specific laws governing criminal history records checks. These laws include:
Employers in Maine have a number of responsibilities when conducting background checks. These responsibilities include:
Employers who violate Maine’s background screening laws may be subject to civil penalties.
Employees in Maine have a number of rights under the state’s background screening laws. These rights include:
Employees who believe that their rights have been violated under Maine’s background screening laws may file a complaint with the Maine Human Rights Commission.ackground checks are a common part of the hiring process for many employers in Louisiana. However, there are a number of laws that govern how employers can use background checks.
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