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Preemployment Screening and Testing: North Dakota

Preemployment Screening and Testing requirements for other states

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

Authors: Joel Fremstad and Lynn Block, Fremstad Law Firm


  • North Dakota employers may be required to conduct background checks for certain positions. See Background Checks.
  • North Dakota employers can reduce their risk of being found liable in a discrimination claim by applying their policies uniformly among applicants throughout the preemployment screening and testing process.
  • North Dakota employers should not ask applicants about arrests or use the existence of a criminal conviction as an absolute bar to employment under all circumstances. Any such policy may constitute unlawful discrimination against minority job applicants. See Arrests and Convictions.
  • After making a conditional offer of employment, North Dakota employers may require a physical examination and a medical history investigation of prospective employees. See Physical Examinations and Medical History.