Arizona
  • Updated on 12 Mar 2020
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Arizona

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Ban-The-Box & Fair Hiring Laws By State

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.

Adverse Action implications: None


COUNTY LAWS

COCONINO COUNTY, AZ – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Coconino County, AZ.

Timing of inquiry: Public employers in Coconino County, AZ, are prohibited from asking about criminal history on job applications.

Adverse action implications: None


GLENDALE, AZ – PUBLIC SECTOR

Who must follow: This ban-the-box law only applies to public sector employees for the City of Glendale, AZ.

Timing of inquiry: Public employers in Glendale, AZ, may only inquire into an applicant’s criminal history after a conditional offer of employment.

Adverse action implications:

  • Consideration of records. Criminal records older than 7 years should not be incorporated into a hiring decision.

PIMA COUNTY, AZ (TUSCON) – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for Pima County, AZ.

Timing of inquiry: Public employers in Pima County, AZ, are prohibited from asking about criminal history on job applications.

Adverse action implications: None

PHOENIX, AZ – PUBLIC SECTOR

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.

TEMPE, AZ – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tempe, AZ.

Timing of inquiry: Public employers in Tucson, AZ, may only inquire into criminal history once an applicant is deemed a finalist.

Adverse action implications: None

TUCSON, AZ – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tucson, AZ.

Timing of inquiry: Public employers in Tucson, AZ, may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Public employers in Tucson, AZ, must conduct an individualized assessment prior to sending a final adverse action notice.
  • Holding job open. After sending a pre-adverse action notice, public employers must wait seven full business days before taking final action.





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