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Preemployment Screening and Testing: Idaho

Preemployment Screening and Testing requirements for other states

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

Authors: Scott Randolph and William Dabney, Holland & Hart, LLP.


  • 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.