We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS – PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector, State Agency employers for the state of Arizona.
Timing of inquiry: Public employers may only inquire into criminal history after an initial interview.
Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Phoenix, AZ.
Timing of inquiry: Public employers in Phoenix, AZ, may only inquire into criminal history at the finalist interview stage.
Adverse action implications:
Consideration of records. Public employers cannot consider records older than 7 years.
Individualized assessment. Public employers must conduct an individualized assessment prior to sending a final adverse action notice.
Holding job open. If an applicant disputes the background check, the City must hold the job open for up to 10 calendar days or until the dispute is resolved, whichever occurs first. Only then may the conditional offer be revoked.
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