Preemployment Screening and Testing: Idaho

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Scott Randolph, Holland & Hart LLP.

Summary

• Employers should carefully check an applicant's employment history, criminal history and references to avoid potential negligent hiring lawsuits. See Negligent Hiring.
• Idaho employers are not restricted by state law in seeking criminal history checks for job applicants or employees. See Background Checks.
• Job applicants for certain positions must undergo a background check as a condition of employment. See Mandatory Background Checks.
• If an Idaho private employer performs preemployment drug tests, it must have a written policy describing the types of tests that will be performed, and include a statement that a positive test may result in a refusal to hire. See Drug and Alcohol Testing.
• State agencies and contractors have an additional mandatory screening requirement. See E-Verify.
• Polygraph testing cannot be required as a condition of employment. See Polygraph Tests.