What changes at your 5th, 15th, 20th and 50th employee

The federal lines

These apply in every state. The count usually runs over calendar weeks in the current or prior year, so a seasonal or part-time workforce can cross a line without a hire.

The four milestones

At 15 employees

Title VII, the ADA, GINA and the Pregnancy Discrimination Act cover you. An employer may not discriminate in hiring, firing, pay, or any term, condition, or privilege of employment because of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.

At 20 employees

The ADEA adds age. COBRA adds continued health coverage. A group health plan must let qualified beneficiaries who would lose coverage because of a qualifying event (such as termination or reduced hours) elect to continue coverage, generally for 18 months (36 months for certain events), at up to 102% of the plan cost.

At 50 employees

The FMLA and the ACA employer mandate start. A covered employer must give eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a serious health condition, the birth or placement of a child, care of a family member, or a qualifying military exigency (26 weeks for military caregiver leave), and must maintain group health coverage during the leave. An ALE must offer minimum essential coverage that is affordable and provides minimum value to at least 95% of its full-time employees and their dependents, or owe an employer shared responsibility payment if a full-time employee receives a premium tax credit; it must also file Forms 1094-C and 1095-C.

At 100 employees

The EEO-1 report and the WARN Act start. A covered employer must give at least 60 calendar days’ written notice of a plant closing or mass layoff to affected employees (or their union), the state dislocated-worker unit, and the local chief elected official.

Many states reach these duties earlier, and some add duties federal law never has. The table below is the state layer.

Crossing one of these lines is often when payroll and HR move off spreadsheets. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.

Your state’s lines

Where a state law starts, by employer size. “Any employer” means the duty starts with the first employee. “None” means no statewide law for private employers. Each state’s own page carries the detail and the source.

Continued coverage is the state’s mini-COBRA rule; many states apply it to every insured group plan, not only to employers under 20.

State by state

Each entry: the line where the duty starts, what it requires, and the law. Jump to a state:

• AK
• AL
• AR
• AZ
• CA
• CO
• CT
• DC
• DE
• FL
• GA
• HI
• IA
• ID
• IL
• IN
• KS
• KY
• LA
• MA
• MD
• ME
• MI
• MN
• MO
• MS
• MT
• NC
• ND
• NE
• NH
• NJ
• NM
• NV
• NY
• OH
• OK
• OR
• PA
• RI
• SC
• SD
• TN
• TX
• UT
• VA
• VT
• WA
• WI
• WV
• WY
• ↑

Alaska

Alaska background check laws

• Discrimination law. 1 or more employees in the state. An employer may not refuse to hire, bar, discharge, or discriminate in compensation or terms of employment because of race, religion, color, national origin, age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood (AS 18.80.220); exclusions are nonprofit social, fraternal, charitable, educational, or religious clubs. AS 18.80.300(5)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. All employers (effective 2025-07-01); fewer than 15 employees: 40 hours per year; 15 or more: 56 hours per year. Every employer must let employees accrue at least one hour of paid sick leave per 30 hours worked, capped at 56 hours a year (15 or more employees) or 40 hours (fewer than 15), with carryover, written notice, and no retaliation. Lower lines: Employers with fewer than 15 employees owe paid sick leave at the lower 40-hour annual cap (not unpaid leave): any employer. AS 23.10.066(1)
• Criminal history rule. No statewide rule for private employers.

Alabama

Alabama background check laws

• Discrimination law. 20 or more employees (age discrimination only; Alabama has no general fair employment law for private employers). A covered employer may not discriminate against a worker 40 or older in hiring, job retention, compensation, or other terms or conditions of employment; race, sex, religion, disability and the other federal classes are governed in Alabama only by federal law (Title VII/ADA at 15, ADEA at 20). Ala. Code 25-1-20(2); 25-1-21
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. Employers covered by the federal FMLA (50 or more employees); the state Adoption Promotion Act borrows the FMLA definitions. A covered employer must give an eligible employee 12 weeks of unpaid leave, concurrent with FMLA, for the birth of a child or for a child placed for adoption, and if it pays birth-parent leave it must give adoptive parents the lesser of equivalent paid leave or two weeks paid leave. Alabama has no state paid family or medical leave program for private employers. Ala. Code 25-1-61(a), (b)(1)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Arkansas

Arkansas background check laws

• Discrimination law. 9 or more employees in Arkansas (retaliation: any person). A covered employer may not discriminate in hiring, discharge, compensation, or terms of employment because of race, religion, national origin, gender (including pregnancy), or the presence of a sensory, mental, or physical disability (Ark. Code 16-123-107); race and national origin include natural, protective, or cultural hairstyles (Act 514 of 2023). Lower lines: Retaliation and interference (16-123-108): the statute says ‘a person’ shall not discriminate against anyone who opposed or reported an unlawful practice; it does not use the nine-employee ’employer’ definition.: any employer. Ark. Code Ann. 16-123-102(7)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every insured group accident and health policy, regardless of employer size; 120 days. The group policy must let a certificate holder, member, or spouse who loses coverage through termination of employment or membership or a change in marital status continue coverage for themselves and eligible dependents for up to 120 days, if they were insured continuously under the group policy during the three months before the event (request in writing within 10 days; dental, vision, and prescription benefits may be excluded), followed by a conversion offer. Ark. Code Ann. 23-86-114(a), (f)(1)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Arizona

Arizona background check laws

• Discrimination law. 15 or more employees (1 or more for sexual harassment). A covered employer may not discriminate in hiring, discharge, compensation, or terms of employment because of race, color, religion, sex, age, disability, national origin, or genetic test results (A.R.S. 41-1463); any employer with one or more employees is liable for sexual harassment. Lower lines: Sexual harassment, and retaliation for opposing or reporting sexual harassment: any employer. A.R.S. 41-1461(7)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Small employers with at least 1 but fewer than 20 eligible employees (plans not subject to federal COBRA). A small employer’s health benefits plan must let an enrollee covered for at least three months, and qualified dependents, continue coverage for up to 18 months after a qualifying event (plus 11 months for disability and up to 36 months total for dependents after a second qualifying event); the enrollee pays the premium plus up to a 5 percent administrative fee. A.R.S. 20-2330(N)(4)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. All employers (except the State of Arizona and the United States); fewer than 15 employees: 24 hours per year; 15 or more: 40 hours per year. Every employer must let employees accrue at least one hour of earned paid sick time per 30 hours worked, capped at 40 hours a year (15 or more employees) or 24 hours (fewer than 15), with carryover or year-end payout, notice, and no retaliation. Lower lines: Employers with fewer than 15 employees owe paid sick time at the lower 24-hour annual cap (not unpaid leave): any employer. A.R.S. 23-372(A), (C)
• Criminal history rule. No statewide rule for private employers.

California

California background check laws

• Discrimination law. 5 or more employees (1 or more for harassment). A covered employer may not discriminate in hiring, discharge, compensation, or terms of employment because of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status, and must accommodate disability and pregnancy; every employer with one or more employees is liable for harassment. Lower lines: Harassment (all protected bases, including sexual harassment), and the duty to prevent harassment: any employer. Cal. Gov. Code 12926(d)
• Harassment training. 5 or more employees. An employer with five or more employees must give at least two hours of interactive sexual-harassment training to supervisors and one hour to nonsupervisory employees in California, repeated every two years, and within six months of hire or promotion for new employees; the training must cover abusive conduct and harassment based on gender identity, gender expression, and sexual orientation. Cal. Gov. Code 12950.1(a)(1)
• Continued health coverage. Cal-COBRA: employers with 2 to 19 eligible employees (plans not subject to federal COBRA); 36 months. The health plan or insurer of a small employer (2 to 19 eligible employees) must offer qualified beneficiaries who lose coverage continuation of the group plan for up to 36 months, at up to 110 percent of the group rate; the duty falls on the plan or insurer, which the employer must notify of qualifying events. Cal. Health & Safety Code 1366.21(b), (e)
• Family and medical leave. CFRA (unpaid, job-protected): 5 or more employees; Pregnancy Disability Leave: 5 or more employees (FEHA employer); Paid Family Leave (wage replacement, no job protection): every employer whose workers pay State Disability Insurance. An employer with five or more employees must grant an eligible employee up to 12 workweeks of job-protected family care and medical leave in a 12-month period (CFRA), and must allow an employee disabled by pregnancy up to four months of leave with group health coverage maintained (PDL); employees of every SDI-covered employer may draw up to eight weeks of state Paid Family Leave benefits. Lower lines: Paid Family Leave (up to 8 weeks of wage replacement from the state disability insurance program, funded by employee SDI contributions; benefit payments only, no job protection): any employer. Cal. Gov. Code 12945.2(b)(4)(A)
• Paid sick leave. All employers; 40 hours or 5 days per year (no small-employer tier). Every employer must provide paid sick leave accruing at one hour per 30 hours worked (or 40 hours/5 days up front), usable from the 90th day, with use capped at 40 hours or five days a year and accrual capped at 80 hours or 10 days. Cal. Lab. Code 245.5(b)(1); 246(a)(1)
• Criminal history rule. 5 or more employees. An employer with five or more employees may not ask about or consider conviction history before a conditional offer, may never consider non-conviction arrests, diversion, or sealed/dismissed/expunged convictions, and after an offer must make an individualized assessment and give written notice and a chance to respond before denying the job. Cal. Gov. Code 12952(a)

Coming changes:

• From July 1, 2028. SB 590 (Stats. 2025, ch. 772) extends Paid Family Leave benefits to care for a seriously ill “designated person.” Employer thresholds do not change. Stats. 2025, ch. 772 (SB 590), secs. 1-2
• From January 1, 2028. AB 1803 amends Gov. Code 12950.1: harassment training must also include anti-hate speech training. The five-employee threshold and the one-hour and two-hour minimums do not change. Stats. 2026 (AB 1803), amending Gov. Code 12950.1(a)(4)

Colorado

Colorado background check laws

• Discrimination law. Any employer; every person employing persons within the state (no minimum count). An employer may not refuse to hire, discharge, promote or demote, harass, or discriminate in pay, terms, or conditions because of disability, race, creed, color, sex, sexual orientation, gender identity or expression, marital status, religion, age, national origin, or ancestry. C.R.S. 24-34-401(3)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every employer group health benefit plan issued by a carrier (no employer-size threshold); 18 months. The employer must notify a terminated employee in writing (within ten days) of the right to continue group health coverage for up to 18 months at the full group rate; the employee elects and pays within 30 days. C.R.S. 10-16-108(1)(e)(I)
• Family and medical leave. Paid leave (FAMLI): any employer with at least one employee in 20 or more calendar workweeks, or $1,500 in wages in a quarter. Unpaid leave statutes piggyback on the federal FMLA (50 employees). Employers of any size must register with FAMLI, withhold and remit premiums (0.88 percent of wages for 2026), allow up to 12 weeks of paid family and medical leave (plus 4 for pregnancy or childbirth complications, and, for claims arising on or after January 1, 2026, plus up to 12 while the employee’s child is in a neonatal intensive care unit), and restore an employee with 180 days of tenure to the same or an equivalent job. Lower lines: FAMLI employer premium share waived for employers with fewer than 10 employees (employee share still withheld and remitted): 10+; Unpaid FMLA-linked leave: Family Care Act (civil-union and domestic partners) uses the FMLA definition of employer (50 employees): 50+; Domestic violence leave (up to three working days, paid or unpaid): 50+. C.R.S. 8-13.3-503(8)(a)
• Paid sick leave. All employers, effective January 1, 2022 (the 16-employee phase-in ended). Every employer must give each employee at least one hour of paid sick leave for every 30 hours worked, up to 48 hours a year, carried forward, plus up to 80 hours of public health emergency leave when an emergency is declared. C.R.S. 8-13.3-403(1)(c)
• Criminal history rule. All employers since September 1, 2021 (11 or more employees from September 1, 2019). An employer may not say in an ad or on an application that people with criminal histories need not apply, and may not ask about or require disclosure of criminal history on an initial written or electronic application. C.R.S. 8-2-130(3)(a)

Connecticut

Connecticut background check laws

• Discrimination law. One or more employees (since October 1, 2022; three or more before). An employer may not refuse to hire, discharge, or discriminate in pay, terms, or conditions because of race, color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, disability, pregnancy, veteran status, or domestic-violence victim status. Conn. Gen. Stat. 46a-51(10)
• Harassment training. Three or more employees: train all employees; fewer than three: train supervisory employees only. An employer with three or more employees must post the sexual-harassment notice, email the policy to each new hire within three months, and give every employee two hours of sexual-harassment training within six months of hire; supplemental training is due at least every ten years. Lower lines: Employers with fewer than three employees must still train all supervisory employees (within six months of assuming a supervisory role): any employer. Conn. Gen. Stat. 46a-54(15)(C)
• Continued health coverage. Every insured group health policy issued in Connecticut (no employer-size threshold); 30 months. Insured group health policies must let an employee (and covered dependents) continue coverage for 30 months after a layoff, reduction of hours, leave of absence, or termination other than for gross misconduct, until eligible for other group coverage. Conn. Gen. Stat. 38a-512a(a)(1)
• Family and medical leave. Unpaid CT FMLA: one or more employees (since January 1, 2022). Paid leave (CT Paid Leave): one or more employees. Any private employer with one or more employees must give an employee with three months of service up to 12 weeks of job-protected leave in a 12-month period (plus 2 weeks for pregnancy incapacity), and must withhold the 0.5 percent employee contribution for the state paid-leave program, which pays up to 12 weeks (plus 2). Conn. Gen. Stat. 31-51kk(4)
• Paid sick leave. 11 or more employees in the state (from January 1, 2026); 25 or more during 2025; 1 or more from January 1, 2027. A covered employer must give each employee one hour of paid sick leave for every 30 hours worked, up to 40 hours a year, with carryover of up to 40 hours. Conn. Gen. Stat. 31-57r(3)(B)-(C)
• Criminal history rule. One or more employees. No employer may ask about prior arrests, criminal charges, or convictions on an initial employment application unless a law requires it or a bond is required for the job; an application that asks later must carry the erased-records notice. Conn. Gen. Stat. 31-51i(a); 46a-80a(3)

Coming changes:

• From January 1, 2027. Coverage extends to employers with one or more employees in the state. Conn. Gen. Stat. 31-57r(3)(C) (P.A. 24-8)

District of Columbia

District of Columbia background check laws

• Discrimination law. Any person who, for compensation, employs an individual (no minimum count). An employer may not refuse to hire, discharge, or discriminate in pay, terms, or conditions because of any of the D.C. Human Rights Act’s protected traits (race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, disability, and others). D.C. Code 2-1401.02(10)
• Harassment training. Only employers that employ a tipped employee paid under 32-1003(f) (any size); no general mandate. An employer with tipped-wage employees must put each employee through the OHR sexual-harassment training (or an OHR-certified provider) within 90 days of hire, managers and owners at least every 2 years, certify completion to OHR within 30 business days, file and post a harassment policy, and report harassment counts to OHR each July 1. D.C. Code 2-1411.05a(b)(1)
• Continued health coverage. Any employer health benefits plan where the employee is not eligible for federal COBRA (in practice, employers under 20); 3 months. The employer must give a terminated employee written notice within 15 days of the right to continue group health coverage for 3 months at no more than 102 percent of the group rate; the employee elects and pays within 45 days. D.C. Code 32-732(a), (a)(2)
• Family and medical leave. Unpaid DCFMLA: 20 or more persons in the District. Paid leave (Universal Paid Leave): every employer that pays D.C. unemployment insurance tax (one or more employees). An employer with 20 or more persons in the District must give eligible employees up to 16 weeks of family leave and 16 weeks of medical leave in a 24-month period, unpaid and job-protected. Every employer paying D.C. unemployment tax pays the UPL payroll tax, and eligible employees draw District-paid benefits: for claims filed on or after October 1, 2026, 12 workweeks parental, 6 family, 10 medical, and 2 pre-natal, capped at 12 workweeks combined in a 52-workweek period, at up to $1,100 a week. Lower lines: Universal Paid Leave covers every employer that pays D.C. unemployment insurance tax, funded by a payroll tax on the employer: any employer. D.C. Code 32-516(2)
• Paid sick leave. All employers; accrual tier by size: 100 or more (1 hour per 37 worked, 7 days), 25 to 99 (1 per 43, 5 days), 24 or fewer (1 per 87, 3 days). Every employer must provide paid sick and safe leave at the accrual rate for its size tier, usable for illness, medical care, and domestic-violence or sexual-abuse needs of the employee or a family member. Lower lines: Employers with 24 or fewer employees: 1 hour per 87 hours worked, up to 3 days a year: any employer; Employers with 25 to 99 employees: 1 hour per 43 hours worked, up to 5 days a year: 25+. D.C. Code 32-531.02(a)(1)
• Criminal history rule. More than 10 employees in the District of Columbia. A covered employer may never ask about arrests or non-pending accusations that did not end in conviction, may not ask about convictions until after a conditional offer, and may then withdraw the offer only for a legitimate business reason weighed against six listed factors. D.C. Code 32-1341(6)

Coming changes:

• From October 1, 2030. Universal Paid Leave maximums return to 12 workweeks each of parental, family and medical leave (plus 2 weeks of prenatal leave) for claims filed on or after October 1, 2030. An emergency act (D.C. Act 26-416) made the change; the permanent act was not yet law on October 21, 2026. D.C. Code 32-541.04(e-1)(5), as added by D.C. Act 26-416 Sec. 4052(b)

Delaware

Delaware background check laws

• Discrimination law. 4 or more employees within the State at the time of the alleged violation. An employer may not refuse to hire, discharge, or discriminate in pay, terms, or conditions because of race, marital status, genetic information, color, age, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, military status, or housing status (711(b)(1)); disability is covered by subchapter III at the same 4-employee count. 19 Del. C. 710(7)
• Harassment training. 50 or more employees in Delaware (training); 4 or more employees (sexual-harassment information sheet). An employer with 50 or more employees in Delaware must give interactive sexual-harassment prevention training to each employee within one year of hire and every two years after, plus additional supervisor training on the same cycle. Lower lines: Every employer covered by 711A (4 or more employees) must distribute the Department of Labor sexual-harassment information sheet to new employees at hire: 4+. 19 Del. C. 711A(g)(1)-(2)
• Continued health coverage. Employers that normally employed 1 to 19 employees on a typical business day in the preceding year (insured group policies); 9 months. An insured group health policy must let employees and dependents who lose coverage through a qualifying event continue hospital, surgical, or major medical coverage for up to 9 months; the employee must have had 3 months of continuous coverage and elects within 30 days of notice. 18 Del. C. 3571F(6)b.2.B
• Family and medical leave. Paid leave (Delaware Paid Leave): 10 to 24 employees, parental leave only; 25 or more employees, parental, family caregiving, and medical leave. No state unpaid family leave statute for private employers. A covered employer must remit payroll contributions (since January 1, 2025) and, since January 1, 2026, allow eligible employees up to 12 weeks of paid parental leave a year and up to 6 weeks of medical or family caregiving leave in any 24 months (12 weeks combined a year), with job restoration and continued health benefits. Lower lines: Employers with 10 to 24 employees are subject only to the parental leave provisions: 10+. 19 Del. C. 3701(7)a.2
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Florida

Florida background check laws

• Discrimination law. 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A covered employer may not discharge, refuse to hire, or discriminate in pay, terms, or conditions because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Lower lines: Sex-based wage discrimination (equal pay) applies to employers with two or more employees: 2+; HIV-test discrimination in hiring, discharge, or terms applies to any person (no count): any employer. Fla. Stat. 760.02(7)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Small employers with fewer than 20 employees (insured group plans); 18 months. Insured group health plans of employers with fewer than 20 employees must let a qualified beneficiary continue coverage for up to 18 months after a qualifying event, at no more than 115 percent of the applicable premium; the beneficiary notifies the carrier within 63 days and elects and pays within 30 days of the carrier’s notice. Fla. Stat. 627.6692(4)(h)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Georgia

Georgia background check laws

• Discrimination law. No statewide rule for private employers.
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every group accident and sickness contract or plan delivered or issued for delivery in Georgia, regardless of employer size. The group plan must let a terminated member (and eligible dependents) continue hospital, surgical, and major medical coverage for the rest of the policy month plus three additional policy months at the active-member rate, then offer conversion; not available after termination for cause or non-payment. O.C.G.A. 33-24-21.1(c)(1)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Hawaii

Hawaii background check laws

• Discrimination law. Any employer having one or more employees (the State and its subdivisions included; the United States excluded). An employer of one or more may not refuse to hire, discharge, or discriminate in compensation or terms of employment because of race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status. HRS 378-1 (definition of 'Employer')
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. Hawaii Family Leave Law: employers of 100 or more employees for each working day during each of 20 or more calendar weeks in the current or preceding calendar year. An employer of 100 or more must give an employee with six months’ service up to four weeks of job-protected family leave per calendar year for the birth or adoption of a child, to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition, or (from 2026-07-01) for a qualifying military exigency; leave may be unpaid, and the employee may use up to ten days of accrued sick leave for it. No state paid family or medical leave program exists. Lower lines: Pregnancy/childbirth disability leave for a reasonable period set by the employee’s physician (HCRC sex-discrimination rule; all employers of 1+): any employer. HRS 398-1 (definition of 'Employer')
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. All employers with one or more employees (HRS 378-1 definition). An employer may ask about and consider a conviction record only after a conditional offer, only if the conviction bears a rational relationship to the job, and only within the last seven years for felonies and five years for misdemeanors (excluding incarceration); 19 categories of employers permitted by other law to inquire are exempt. HRS 378-2.5(b)

Iowa

Iowa background check laws

• Discrimination law. 4 or more employees (regularly employed); family members not counted. An employer with four or more regular employees may not refuse to hire, discharge, or otherwise discriminate because of age, race, creed, color, sex, sexual orientation, national origin, religion, or disability, and must treat pregnancy as a temporary disability. Iowa Code 216.6(6)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. any group health policy issued in Iowa, regardless of employer size. A group accident or health policy issued in Iowa must let an employee whose coverage ends because of termination of employment (including layoff or approved leave) continue coverage for up to nine months at the group rate, on written request within 10 days of termination or notice. Iowa Code 509B.3 (lead paragraph and (6)(a))
• Family and medical leave. 4 or more employees (pregnancy disability leave only; no general family leave and no paid leave program). Where no leave or insufficient leave is available under the employer’s plans, an employer may not refuse a pregnant employee an unpaid leave for the period she is disabled by pregnancy, childbirth, or related conditions, up to eight weeks. Iowa Code 216.6(2)(e)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Idaho

Idaho background check laws

• Discrimination law. Idaho Human Rights Act: employers of 5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A covered employer may not refuse to hire, discharge, or discriminate in compensation or terms of employment because of race, color, religion, sex, national origin, age (40 and over), or disability. Idaho Code 67-5902(6)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Illinois

Illinois background check laws

• Discrimination law. Illinois Human Rights Act: any person employing one or more employees within Illinois during 20 or more calendar weeks in the year of or preceding the violation. A covered employer may not refuse to hire, discharge, or discriminate in terms of employment because of race, color, religion, national origin, ancestry, age (40+), sex, pregnancy, marital status, order of protection status, disability, military status, sexual orientation, gender identity, reproductive health decisions, family responsibilities, conviction record (absent substantial relationship), citizenship status, arrest record, or other listed bases. Lower lines: Disability, pregnancy, and sexual harassment claims: one or more employees, no 20-week test: any employer. 775 ILCS 5/2-101(B)(1)(a)
• Harassment training. Every employer with employees working in Illinois. Every employer must give all employees sexual-harassment prevention training at least once a year using the IDHR model program or its own program meeting the statutory minimum (definition and examples of harassment, federal and state remedies, employer responsibilities); restaurants and bars have added requirements under 2-110; non-compliance after a 30-day notice draws a civil penalty under 8-109.1. 775 ILCS 5/2-109(C)
• Continued health coverage. Every insured group policy delivered, issued, renewed, or amended in Illinois, regardless of employer size. The group policy must let a terminated or hours-reduced employee and dependents continue hospital, surgical, and major medical coverage for up to 12 months at the group rate; the employer must give written notice of the right within 10 days, and the employee must elect within 30 days of notice (never more than 60 days after termination). Separate sections cover spouses after divorce or death (367.2) and dependents (367.2-5). 215 ILCS 5/367e(6)(a)
• Family and medical leave. No general state family/medical leave law and no state paid family or medical leave program; specific unpaid leaves apply by size: VESSA (1+, tiered 4/8/12 weeks), Family Bereavement Leave Act (FMLA employers, 50+), Family Neonatal Intensive Care Leave Act (16+, from 2026-06-01). Illinois has no general job-protected family or medical leave statute and no paid family/medical leave insurance program (2025-2026 bills SB 2413, HB 2946, HB 3483 did not pass); employers owe only the size-tiered special leaves listed above, plus the federal FMLA at 50. Lower lines: VESSA: unpaid leave for victims of domestic, sexual, gender or other violent crime (or family/household member), 4 workweeks per 12 months for employers of 1-14: any employer; VESSA: 8 workweeks for employers of 15-49: 15+; Family Neonatal Intensive Care Leave Act: 10 unpaid days (16-50 employees) or 20 days (51+) while a child is in a NICU, effective 2026-06-01: 16+; VESSA: 12 workweeks for employers of 50+; Family Bereavement Leave Act: 2 weeks (10 work days) unpaid per death, up to 6 weeks per 12 months, for FMLA-covered employers: 50+. 820 ILCS 180/20(a)(2) (VESSA)
• Paid sick leave. Paid Leave for All Workers Act: every employer under the Wage Payment and Collection Act definition (any individual or entity employing any person in Illinois), plus state and local government; school and park districts excluded. Every employer must let each employee earn at least 40 hours of paid leave per 12-month period (1 hour per 40 worked, or front-loaded), usable for any reason without documentation after 90 days of employment; employers covered by a county or municipal paid-leave ordinance in effect on 2024-01-01 (Cook County, Chicago) follow that ordinance instead. 820 ILCS 192/15(a)
• Criminal history rule. Job Opportunities for Qualified Applicants Act: private employers with 15 or more employees in the current or preceding calendar year; the IHRA conviction-record rule (2-103.1) reaches employers of 1 or more. An employer of 15 or more may not ask about or consider criminal history until the applicant is found qualified and notified of an interview (or, with no interview, until a conditional offer); any covered employer may disqualify on a conviction only after the 2-103.1 substantial-relationship analysis and written preliminary and final notices. Lower lines: IHRA 2-103.1: a conviction record may be used only if substantially related to the job or an unreasonable risk, after an interactive written-notice process: any employer. 820 ILCS 75/10

Coming changes:

• From January 1, 2027. P.A. 104-776 amends the Job Opportunities for Qualified Applicants Act (adds a driver’s license definition and related limits on driver’s-license inquiries); employer threshold unchanged at 15. 820 ILCS 75/10 (text after amendment by P.A. 104-776)

Indiana

Indiana background check laws

• Discrimination law. Indiana Civil Rights Law: any person employing six or more persons within the state. An employer of six or more may not discriminate in hiring, discharge, or terms of employment because of race, religion, color, sex, disability, national origin, ancestry, or veteran status; an employer of one or more not covered by the ADEA may not dismiss or refuse to hire a person aged 40 to 74 solely because of age. Lower lines: Age discrimination (ages 40 to 74): any employer of one or more NOT subject to the federal ADEA (i.e., under 20 employees): any employer; Disability discrimination (IC 22-9-5, state ADA analog): employers of 15 or more for 20 or more calendar weeks: 15+; Pregnancy accommodation request: employers of 15 or more must respond to a written request within a reasonable time (no duty to grant): 15+. IC 22-9-1-3(h)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Kansas

Kansas background check laws

• Discrimination law. 4 or more persons employed in Kansas. An employer with four or more employees may not refuse to hire, discharge, or discriminate in terms of employment because of race, religion, color, sex, disability, national origin, or ancestry, and must accommodate disability absent undue hardship. K.S.A. 44-1002(b)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. any insured group hospital, surgical, or major medical policy issued or renewed in Kansas, except a policy issued to an employer subject to federal COBRA where federal law gives equal or greater rights (in effect, employers under 20). A group hospital, surgical, or major medical policy must let an employee or covered dependent who loses coverage for any reason keep it under the group policy for 18 months, if continuously insured for the prior three months, and then issue a conversion policy. K.S.A. 40-2209(i)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Kentucky

Kentucky background check laws

• Discrimination law. 8 or more employees within Kentucky in each of 20 or more calendar weeks in the current or preceding calendar year. An employer with eight or more employees may not refuse to hire, discharge, or discriminate in pay or terms of employment because of race, color, religion, national origin, sex (including pregnancy), age (40+), disability, or smoker status, and must reasonably accommodate religion. KRS 344.030(2)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. any group health policy bearing a reasonable relation to Kentucky that provides hospital or surgical expense benefits, regardless of employer size. A group health policy must let a member whose group membership ends continue coverage for self and dependents for up to 18 months at the group rate, on notice and payment within 31 days of the insurer’s notice, if covered for the prior three months. KRS 304.18-110(1)(a), (2), (3)(a)
• Family and medical leave. every employer (adoption leave only); no general unpaid family/medical leave law and no paid family or medical leave program. On written request, every employer must grant up to six weeks of personal leave (or the employer’s longer birth-parent leave) when the employee receives an adoptive child under age 10, and must give adoptive parents the same paid leave and benefits it gives birth parents. KRS 337.015(1)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Louisiana

Louisiana background check laws

• Discrimination law. 20 or more employees in Louisiana for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. An employer with 20 or more employees may not discriminate in hiring, discharge, pay, or terms of employment because of race, color, religion, sex, national origin, age (40+), disability, sickle-cell trait, genetic information, or protected hairstyle, and must accommodate pregnancy under the 25-employee rule in Part V. La. R.S. 23:302(2)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. any group hospital, surgical, or major medical policy issued in Louisiana, including HMO and self-insured plans, regardless of employer size; persons eligible for federal COBRA are excluded. A group hospital, surgical, or major medical policy must let an employee or member whose coverage ends on termination of active employment, death, or divorce continue it under the group policy for up to twelve months, on election and timely payment, if continuously insured for the prior three months. La. R.S. 22:1046(A)(1), (C), (G)(1)
• Family and medical leave. more than 25 employees (pregnancy disability leave only); no general unpaid family leave law and no paid family or medical leave program. An employer with more than 25 employees must grant a reasonable period of leave (up to four months) for disability from pregnancy, childbirth, or related conditions, and must reasonably accommodate pregnancy; general family leave follows the federal FMLA (50). Lower lines: Paid bone marrow donor leave (up to 40 work hours): employers with 20 or more employees at at least one site: 20+. La. R.S. 23:341(A)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. all employers (no employee count in the section); no ban-the-box timing rule. An employer may ask about convictions on the application but may not request or consider arrests or charges without conviction received through a background check, and before denying a job over a record must make an individual assessment of its direct and adverse relationship to the job’s duties. La. R.S. 23:291.2(A)-(B)

Massachusetts

Massachusetts background check laws

• Discrimination law. 6 or more persons in the employer’s employ (employers with fewer than six are excluded). A covered employer may not refuse to hire, discharge, or discriminate in pay or terms of employment because of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, pregnancy, ancestry, age, military service, or disability, and may not sexually harass employees. Lower lines: Sexual harassment: every person has a statutory right to be free from sexual harassment, enforceable in superior court against any employer regardless of size: any employer. M.G.L. c. 151B, s. 1(5)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Small group health plans issued to employers with 2 to 19 employees (the Division of Insurance’s statement of the law’s reach); the statute itself ties the duty to any c. 176J small-group plan (1 to 50 eligible employees) and the carrier, not the employer, owes it. The carrier must offer a qualified beneficiary who loses coverage because of termination (other than gross misconduct) or reduction of hours up to 18 months of identical continuation coverage (36 months for death, divorce or legal separation, Medicare entitlement, or loss of dependent status; a second event during the 18 months extends to 36); the beneficiary pays up to 102 percent of the premium and elects in writing within the election period. M.G.L. c. 176J, s. 9(a), (b)(2)(i), (f)(ii)
• Family and medical leave. Parental Leave Act: employers of 6 or more (c. 151B s. 1(5) definition); Paid Family and Medical Leave (PFML): every employer with one or more Massachusetts employees, with the employer share of the medical contribution owed only by employers of 25 or more. An employer of 6 or more must give a full-time employee who has completed the probationary period or 3 months of service 8 weeks of job-protected parental leave (paid or unpaid at the employer’s option) for the birth or adoption of a child; every employer must also participate in the state PFML program (withholding, remitting, and honoring job-protected paid leave), with employers of 25 or more also paying the employer share of the medical contribution. Lower lines: PFML contributions and job-protected paid leave (up to 12 weeks family, 20 weeks medical, 26 combined): every employer with one or more Massachusetts employees must withhold and remit; employers under 25 remit the employee shares only: any employer; Small Necessities Leave Act: 24 hours a year of unpaid leave for school activities and routine medical appointments for a child or elderly relative; applies to employers covered by the federal FMLA (50 or more employees): 50+; Domestic violence leave: up to 15 days a year, paid or unpaid at the employer’s option: 50+. M.G.L. c. 149, s. 105D(a)-(b)
• Paid sick leave. 11 or more employees: paid earned sick time; 10 or fewer: unpaid earned sick time. Every employer must let employees accrue earned sick time at 1 hour per 30 hours worked, up to 40 hours a year, usable for the employee’s or a family member’s illness, medical care, or domestic-violence needs; employers of 11 or more pay it, employers of 10 or fewer may provide it unpaid. Lower lines: Employers with 10 or fewer employees must provide up to 40 hours a year of unpaid earned sick time on the same accrual: any employer. M.G.L. c. 149, s. 148C(d)(4)
• Criminal history rule. 6 or more persons in employ (c. 151B employer definition). A covered employer may not ask for criminal offender record information on its initial written application form (unless a law creates a mandatory or presumptive disqualification for the position), and at any stage may not ask about arrests without conviction, first convictions for listed minor offenses, misdemeanors more than 3 years old, or sealed or expunged records. M.G.L. c. 151B, s. 4(9 1/2); s. 1(5)

Coming changes:

• From January 1, 2027. PFML contributions shift for employers of 25 or more: the employer’s 60% share moves from the medical-leave contribution to the family-leave contribution. The 25-person threshold and the 0.88% total rate do not change. 2027 rates: family leave 0.28% withheld from wages plus 0.42% paid by the employer; medical leave 0.18%, all withheld from wages. Employers under 25 remit 0.46% with no employer share. 2026 Mass. Acts ch. 101, ss. 25-26, 43 (approved 2026-06-12); DFML rates page (updated 2026-10-01) states the change is 'effective January 1, 2027'

Maryland

Maryland background check laws

• Discrimination law. 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A covered employer may not discriminate in hiring, discharge, pay, or terms of employment on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, military status, or disability, and must not harass employees (the harassment rule reaches employers of one or more). Lower lines: Harassment (including sexual harassment) complaints: any employer with one or more employees: any employer. Md. Code, State Gov't 20-601(d)(1)(i)2.A
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any employer whose insured group contract or HMO contract is issued or delivered in Maryland, regardless of size. After an employee’s termination other than for cause (voluntary or involuntary), the group contract must offer continuation coverage for up to 18 months to an employee who was covered for at least 3 months and is a Maryland resident; the employee pays the premium plus an approved administrative fee, and the employer must send the election form within 14 days of a request. Md. Code, Ins. 15-409(b)-(c)
• Family and medical leave. Parental Leave Act: employers with at least 15 but not more than 49 employees in Maryland (employers of 50+ are under the federal FMLA instead). An employer of 15 to 49 Maryland employees must give an eligible employee (12 months and 1,250 hours) up to 6 workweeks of unpaid, job-protected parental leave in a 12-month period for the birth, adoption, or foster placement of a child. Lower lines: Flexible Leave Act: employers with 15 or more employees that offer paid leave must let employees use it for an immediate family member’s illness or for bereavement: 15+; Paid Family and Medical Leave Insurance (FAMLI): employer contribution share owed by employers with 15 or more employees; all employers with one or more Maryland employees must withhold the employee share (not yet in force; see pending): 15+. Md. Code, Lab. & Empl. 3-1201(c)(1)
• Paid sick leave. 15 or more employees: paid earned sick and safe leave; 14 or fewer: unpaid earned sick and safe leave. Every employer must let employees accrue earned sick and safe leave at 1 hour per 30 hours worked (up to 40 hours a year); employers of 15 or more pay it at the employee’s normal wage rate, employers of 14 or fewer may provide it unpaid. Lower lines: Employers with 14 or fewer employees must provide the same accrual (1 hour per 30 hours, up to 40 hours a year) as unpaid leave: any employer. Md. Code, Lab. & Empl. 3-1304(a)(1)(i), (a)(2)(i)
• Criminal history rule. 15 or more full-time employees. A covered employer may not require an applicant to disclose a criminal record or criminal accusations at any time before the first in-person interview; it may ask during that interview. Employers serving minors or vulnerable adults, and inquiries required by other law, are exempt; stricter local laws (Baltimore City, Montgomery, Prince George’s) are not preempted. Md. Code, Lab. & Empl. 3-1501(c)(1); 3-1503(a)

Coming changes:

• From January 1, 2027. FAMLI contributions begin: every employer with one or more Maryland employees withholds the employee share (0.45% of wages); employers with 15 or more employees also pay the employer share (0.45%), for a total rate of 0.9% in 2027 (statutory cap 1.2% combined). Md. Code, Lab. & Empl. 8.3-601(a)(1)(i), (e)(1) (as amended by 2025 Md. Laws ch. 363, HB 102); rate set by MD Labor (paidleave.maryland.gov/employers/make-contributions/)
• From January 1, 2028. FAMLI benefits become claimable: up to 12 weeks of paid, job-protected family and medical leave (24 weeks in a year with both bonding and medical leave). Maryland’s Labor Department states benefits start January 1, 2028. Md. Code, Lab. & Empl. 8.3-701(a)(1); 8.3-702(a); paidleave.maryland.gov home page ('Starting January 1, 2028')

Maine

Maine background check laws

• Discrimination law. any number of employees (1 or more). Every Maine employer, whatever its size, may not refuse to hire or otherwise discriminate because of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin, or familial status, or for protected activity. 5 M.R.S. 4553(4)
• Harassment training. workplaces with 15 or more employees. An employer with 15 or more employees in a workplace must give every new employee sexual-harassment education and training within one year of hire, give supervisors and managers additional training within one year of starting those duties, use the Department of Labor checklist, and keep training records three years; all employers must post the notice and give the written policy annually. 26 M.R.S. 807(3)
• Continued health coverage. group policies not subject to federal COBRA (in effect, employers under 20); employee must have 6 months of coverage and lose it by layoff or work-related injury. A group health policy outside federal COBRA must let an employee with six months of coverage who is laid off or loses the job to a claimed work injury continue group coverage, at the employee’s expense, until one year from the last day of work. 24-A M.R.S. 2809-A(11)(J) and (11)(F)
• Family and medical leave. unpaid Family Medical Leave: 15 or more employees at one location in Maine; Paid Family and Medical Leave program: every employer with employees in Maine (premium share differs at 15 or more employees). An employer with 15 or more employees at one location must give employees with 12 consecutive months of service up to 10 work weeks of unpaid, job-protected family medical leave in any two years; every employer must remit PFML premiums (1% of wages, half from the employee, at 15+; 0.5% all from the employee under 15), employees may draw up to 12 weeks of paid leave a benefit year from the state program, and an employee with 120 days of service must be restored to the same or an equivalent position after PFML leave. Lower lines: Paid Family and Medical Leave program: premiums (since 2025-01-01) and paid leave benefits (claims processed from 2026-05-01) apply to employers of any size; employers with fewer than 15 employees remit only the 0.5% employee share; job restoration after PFML leave applies to employees employed at least 120 days: any employer. 26 M.R.S. 843(3)(A)
• Paid sick leave. more than 10 employees for more than 120 days in any calendar year (earned paid leave for any reason); employers of 10 or fewer owe nothing. An employer with more than 10 employees must let each employee accrue one hour of paid leave, usable for any reason, for every 40 hours worked, up to 40 hours a year. 26 M.R.S. 637(2)-(3)
• Criminal history rule. every employer in Maine (no employee count). No employer may ask about criminal history on the initial application form or advertise that people with a criminal history need not apply; after the applicant is found otherwise qualified the employer may ask and must let the applicant explain. 26 M.R.S. 600-A(1)(B), (2)

Michigan

Michigan background check laws

• Discrimination law. 1 or more employees (Elliott-Larsen Civil Rights Act); 1 or more employees (Persons with Disabilities Civil Rights Act). Every employer with one or more employees may not discriminate in hiring, discharge, pay, or terms of employment because of religion, race, color, national origin, age, sex (including sexual harassment, pregnancy, sexual orientation, and gender identity or expression), height, weight, familial status, or marital status, and under the PWDCRA because of disability. MCL 37.2201(a) (Elliott-Larsen Civil Rights Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. Every employer with 1 or more employees; ‘small business’ (10 or fewer) may cap paid use at 40 hours a year, all other employers at 72 hours. Every employer must let employees accrue paid earned sick time at 1 hour per 30 hours worked (or front-load it), usable for the employee’s or a family member’s illness, medical care, or domestic-violence needs, up to 72 hours a year (40 hours for a small business of 10 or fewer employees). Lower lines: Small business (10 or fewer): paid earned sick time accrues at 1 hour per 30 hours worked but use may be capped at 40 hours a year (or 40 hours front-loaded): any employer. MCL 408.962(l) (Earned Sick Time Act, as amended by 2025 PA 2)
• Criminal history rule. No statewide rule for private employers.

Minnesota

Minnesota background check laws

• Discrimination law. 1 or more employees. Every employer with one or more employees may not discriminate in hiring, discharge, pay, or terms of employment because of race, color, creed, religion, national origin, sex (including pregnancy and sexual harassment), marital status, familial status, status with regard to public assistance, membership in a local human rights commission, disability, sexual orientation, gender identity, or age. Minn. Stat. 363A.03, subd. 16 (Minnesota Human Rights Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every insured group health policy, subscriber contract, or HMO plan covering a Minnesota resident employed in the state, regardless of employer size. A covered employee who is voluntarily or involuntarily terminated or laid off (and dependents) may elect to continue the group coverage at their own cost for up to 18 months or until covered under another group plan, whichever is shorter; the employer must give written notice of the right within 14 days of termination or layoff and the employee elects within 60 days. Minn. Stat. 62A.17, subd. 1; 62A.16
• Family and medical leave. Pregnancy and Parenting Leave: every employer with one or more employees (12 weeks unpaid); Paid Leave (chapter 268B): every employer with any individual in covered employment, benefits payable since 2026-01-01. Every employer must grant up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child or for prenatal care and pregnancy-related incapacity; every employer also participates in the state Paid Leave program (quarterly wage reports, premiums split at least 50 percent employer-paid, job protection while an employee draws family or medical leave benefits). Lower lines: Paid Leave premiums and job-protected paid family and medical leave (up to 12 weeks each, 20 weeks combined per benefit year): every employer with any Minnesota employee; employers with 30 or fewer employees (and an average wage at or below 150 percent of the state average) pay a reduced employer premium: any employer; Bone marrow donation leave: up to 40 hours paid; employers with 20 or more employees at one site: 20+. Minn. Stat. 181.940, subd. 3; 181.941, subd. 1
• Paid sick leave. Every employer with one or more employees. Every employer must let each employee (one working at least 80 hours a year in Minnesota) accrue earned sick and safe time at 1 hour per 30 hours worked, up to 48 hours a year (80 hours banked), paid at the employee’s base rate and usable for illness, medical care, family care, domestic-abuse needs, and certain closures. Minn. Stat. 181.9445, subd. 6; 181.9446
• Criminal history rule. Any public or private employer (no headcount threshold). An employer may not ask about, consider, or require disclosure of an applicant’s criminal record or history until the applicant has been selected for an interview or, if there is no interview, until a conditional offer is made; employers with a statutory duty to run background checks are exempt. Minn. Stat. 364.021(a)

Missouri

Missouri background check laws

• Discrimination law. 6 or more employees (Missouri Human Rights Act). An employer with 6 or more employees may not fail or refuse to hire, discharge, or otherwise discriminate against an individual because of race, color, religion, national origin, sex, ancestry, age, or disability. Mo. Rev. Stat. 213.010(8); 213.055.1(1)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. any insured group health policy issued in Missouri, with no employer-size limit; in practice reaches employers too small for federal COBRA. An insured group policy must let employees whose coverage would end because of termination of employment continue hospital, surgical, or major medical coverage, for themselves and dependents, in the same manner federal COBRA requires. Mo. Rev. Stat. 376.428.1 and .4
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Mississippi

Mississippi background check laws

• Discrimination law. No statewide rule for private employers.
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Insured group hospital, surgical, or major medical policies whose employees are not eligible for federal COBRA (the Mississippi Insurance Department describes the law as applying to insurers of employers with fewer than 20 employees); no explicit headcount in the statute. An employee (and dependents) who has been continuously insured under the group policy for the 3 months before termination may elect, within 30 days of notice, to continue the group hospital, surgical, or major medical coverage at the employee’s cost for up to 12 months, unless covered elsewhere within 31 days, terminated for fraud or nonpayment, or entitled to Medicare. Mississippi Insurance Department, Health Insurance Questions and Answers, Topic Six (COBRA), Q3; statute: Miss. Code Ann. 83-9-51(2)-(4), (7)(a)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Montana

Montana background check laws

• Discrimination law. 1 or more employees (Montana Human Rights Act). Every employer may not refuse employment to, bar, or discriminate against a person in compensation or terms of employment because of race, creed, religion, color, national origin, age, physical or mental disability, marital status, or sex. Mont. Code Ann. 49-2-101(11); 49-2-303(1)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. any employer: reasonable unpaid pregnancy leave with reinstatement (Montana Maternity Leave Act); no general family/medical leave law; no state paid family leave program. An employer may not refuse an employee a reasonable leave of absence for pregnancy, may not fire her for pregnancy, and must reinstate her to the same or an equivalent job when she returns. Mont. Code Ann. 49-2-310(2); 49-2-311
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

North Carolina

North Carolina background check laws

• Discrimination law. employers which regularly employ 15 or more employees (Equal Employment Practices Act, a public-policy declaration); Persons with Disabilities Protection Act: 15 or more full-time employees within the State; sickle cell/hemoglobin C trait and genetic-information rules: any employer. North Carolina has no administrative fair-employment agency for private employers. The EEPA declares it State public policy that employers with 15 or more employees not discriminate on race, religion, color, national origin, age, sex or handicap; G.S. 143-422.3 only lets the Human Relations Commission receive, investigate and conciliate charges referred by the EEOC, and the Act states no remedy of its own, so claims run through the common-law tort of wrongful discharge in violation of public policy and federal law. The PDPA separately bars disability discrimination by employers of 15 or more full-time employees; G.S. 95-28.1 and 95-28.1A bar sickle cell/hemoglobin C trait and genetic-information discrimination by any employer. Lower lines: Persons with Disabilities Protection Act (G.S. 168A): 15 or more FULL-TIME employees within North Carolina: 15+; Sickle cell trait or hemoglobin C trait: no employer of any size may refuse employment or discharge because of the trait: any employer; Genetic testing or genetic information: no employer of any size may refuse employment or discharge because a person requested genetic testing or counseling, or on the basis of genetic information about the person or a family member: any employer. G.S. 143-422.2(a) (Equal Employment Practices Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. every insured group hospital, surgical or major medical policy delivered in North Carolina, regardless of employer size. Let an employee whose coverage would end because of termination of employment or loss of eligibility (after 3 months of continuous coverage) continue hospital, surgical and medical coverage for self, spouse and dependents for up to 18 months at no more than 102% of the group rate, on written election within at least 60 days; dental, vision and drug benefits need not be included; a conversion policy must follow. G.S. 58-53-35(a)(1) (with 58-53-5)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

North Dakota

North Dakota background check laws

• Discrimination law. one or more employees for more than one quarter of the year (or any employer, wherever situated, with one or more employees working in North Dakota). An employer of any size may not fail or refuse to hire, discharge, or discriminate in compensation or terms of employment because of race, color, religion, sex (including pregnancy and sexual harassment), national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful off-duty activity (N.D.C.C. 14-02.4-03). N.D.C.C. 14-02.4-02(8) (Human Rights Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. every insured group hospital, surgical or major medical policy delivered in North Dakota, regardless of employer size. Let an employee whose group coverage would end because of termination of employment or membership (after 3 months of continuous coverage, and not covered by Medicare or another group plan) continue hospital, surgical and major medical coverage for self and dependents for up to 39 weeks at no more than the group rate; written request within 10 days of termination or notice and no later than 31 days after termination; dental, vision and drug benefits need not be included. N.D.C.C. 26.1-36-23(6)(a)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Nebraska

Nebraska background check laws

• Discrimination law. 15 or more employees (Nebraska Fair Employment Practice Act). An employer with 15 or more employees may not refuse to hire, discharge, harass, or otherwise discriminate against an individual because of race, color, religion, sex (including pregnancy), disability, marital status, national origin, or military or veteran status. Lower lines: Equal pay (sex-based wage discrimination), Neb. Rev. Stat. 48-1219 to 48-1227: 2+; Age discrimination (40 and over), Age Discrimination in Employment Act, Neb. Rev. Stat. 48-1001 to 48-1010, a HIGHER threshold than the main act: 20+. Neb. Rev. Stat. 48-1102(2); 48-1104
• Harassment training. No statewide rule for private employers.
• Continued health coverage. insured group health plans of employers too small for federal COBRA (fewer than 20 employees); 6 months of continuation. The group policy must let an employee who is involuntarily terminated (other than for misconduct) continue hospital, surgical, or major medical coverage for up to 6 months at no more than 102% of the group premium; the employer must mail a certified notice within 10 days of termination. Neb. Rev. Stat. 44-1640; 44-1641
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. 11 or more employees (Nebraska Healthy Families and Workplaces Act); employers with 10 or fewer are exempt. Employees accrue 1 hour of paid sick time per 30 hours worked after 80 hours of employment, up to 40 hours a year at an employer with 11-19 employees and 56 hours a year at 20 or more; unused time carries over. Neb. Rev. Stat. 48-3802(4)(a), (10); 48-3803(1)
• Criminal history rule. No statewide rule for private employers.

New Hampshire

New Hampshire background check laws

• Discrimination law. 6 or more persons in its employ (RSA 354-A, Law Against Discrimination). An employer with 6 or more employees may not refuse to hire, discharge, or discriminate against an individual because of age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin, and must give pregnancy-disability leave and disability accommodation. Lower lines: Equal pay regardless of sex (RSA 275:37, Labor chapter), any employer: any employer. RSA 354-A:2, VII; 354-A:7, I
• Harassment training. No statewide rule for private employers.
• Continued health coverage. every insured group health plan covering a New Hampshire resident, with no employer-size limit; 39 weeks of continuation at the group rate. When group health coverage terminates for any reason, the carrier must make the plan’s benefits available at the same group rate for an extension period of 39 weeks, or until the member becomes eligible under another group plan. RSA 415:18, XVII(a)
• Family and medical leave. 6 or more employees: job-protected pregnancy-disability leave (RSA 354-A:7, VI(b)); no general family or medical leave law; the state paid family leave plan is voluntary for private employers. An employer with 6 or more employees must let a female employee take leave for the period of temporary disability from pregnancy or childbirth and restore her to her job or a comparable one; employers with 20 or more must allow 25 hours of childbirth and pediatric-appointment leave; 25 or more must allow crime-victim court leave. Lower lines: Leave of up to 25 unpaid hours in the child’s first year for the employee’s own childbirth and postpartum appointments and the child’s pediatric appointments: 20+; Crime Victim Employment Leave Act: unpaid leave to attend court and legal proceedings for a crime against the employee: 25+; Granite State Paid Family Leave Plan (voluntary FMLI): an employer with 50 or more employees that chooses to sponsor coverage must restore the job and keep health insurance during leave: 50+. RSA 354-A:7, VI(b); 354-A:2, VII
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Coming changes:

• From January 1, 2027. RSA 275:84 (suspension notice and investigation updates) takes effect but reaches public employees only; no private-employer effect. 2026, 321:1

New Jersey

New Jersey background check laws

• Discrimination law. any employer (no minimum employee count). An employer of any size may not refuse to hire, discharge or discriminate in compensation or terms of employment because of race, creed, color, national origin, ancestry, age, marital, civil-union or domestic-partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability, atypical hereditary cellular or blood trait, or service in or liability for service in the Armed Forces (N.J.S.A. 10:5-12(a), as amended through P.L.2025, c.307). N.J.S.A. 10:5-5(e) and (a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. small employers with 2 to 50 eligible employees that hold a New Jersey small employer health benefits plan and are not subject to federal COBRA. Offer continuation of the group plan to an employee terminated other than for cause or whose hours drop below 25 per week, and to a spouse or dependent child after the employee’s death, divorce or loss of dependent status; up to 18 months for the employee (29 months if disabled), 36 months for a spouse or dependent; premium up to 102% (150% during a disability extension); written election within 30 days of the qualifying event; the employer must give notice at the qualifying event. N.J.S.A. 17B:27A-17 ('small employer') with 17B:27A-27
• Family and medical leave. NJ Family Leave Act (unpaid, job-protected): 15 or more employees since July 17, 2026 (was 30); Family Leave Insurance and Temporary Disability Insurance (paid): every employer subject to the unemployment compensation law, no headcount. An employer with 15 or more employees must give an employee with 3 months’ service and 250 base hours in the prior 12 months up to 12 weeks of job-protected leave in any 24-month period to bond with a new child or care for a family member with a serious health condition; since July 17, 2026 an employee who receives TDI or FLI benefits is also entitled to reinstatement after the leave (C.43:21-55.2). All covered employers must carry FLI/TDI through the State plan or an approved private plan. Lower lines: Family Leave Insurance (paid, up to 12 weeks in 12 months, funded by worker payroll deductions) and Temporary Disability Insurance: any employer subject to the NJ unemployment compensation law: any employer. N.J.S.A. 34:11B-3(f)(5), as amended by P.L.2025, c.279 sec. 1
• Paid sick leave. every employer with employees in New Jersey, regardless of size. Provide paid sick leave accruing at 1 hour per 30 hours worked (or 40 hours front-loaded), up to 40 hours of accrual, use and carryover per benefit year, usable for the employee’s or a family member’s illness, domestic or sexual violence needs, school meetings, and public-health closures; post and distribute the notice. Since July 17, 2026 an employee eligible for both earned sick leave and TDI/FLI may choose the order of use but may not draw two kinds of paid leave at once (P.L.2025, c.279 sec. 2). N.J.S.A. 34:11D-1 and 34:11D-2(a)
• Criminal history rule. 15 or more employees over 20 calendar weeks, counting employees inside or outside New Jersey. During the initial employment application process (through the first interview) the employer may not ask, orally or in writing, about an applicant’s criminal record or require an application that asks; it may not advertise that people with criminal records will not be considered. Civil penalties $1,000 / $5,000 / $10,000; no private right of action. N.J.S.A. 34:6B-13 (Opportunity to Compete Act)

New Mexico

New Mexico background check laws

• Discrimination law. 4 or more persons employed. An employer with four or more employees may not refuse to hire, discharge, promote or demote, or discriminate in compensation or terms of employment because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, spousal affiliation, or disability (NMSA 28-1-7(A)). NMSA 1978, 28-1-2(B) (Human Rights Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. every insured group accident and health policy delivered, issued or renewed in New Mexico, regardless of employer size. A group hospital/surgical/medical policy must let a departing employee continue coverage for six months after termination of employment or membership and then convert to an individual policy; covered family members may continue or convert after the employee’s death, divorce, annulment or legal separation. No right exists if coverage ended for nonpayment, nonrenewal or expiration of the policy. NMSA 1978, 59A-18-16(A)(2)(a), as amended by Laws 2019, ch. 259 (HB 436)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. any private employer with one or more employees at any one time. Provide earned sick leave accruing at least one hour per 30 hours worked (or 64 hours front-loaded each January 1), usable up to 64 hours per 12-month period, for the employee’s or a family member’s illness, care, domestic abuse needs and related purposes; effective July 1, 2022. NMSA 1978, 50-17-2(F) (Healthy Workplaces Act, Laws 2021, ch. 131, HB 20)
• Criminal history rule. any private employer that uses a written or electronic employment application (no size threshold). A private employer may not ask about arrest or conviction history on the written or electronic employment application; it may consider a conviction after reviewing the application and discussing the job with the applicant, and may state that law or policy could disqualify people with certain records from particular positions. Remedy is through the Human Rights Act process (28-1-10 to 28-1-13). NMSA 1978, 28-2-3.1(A) (Criminal Offender Employment Act; Laws 2019, ch. 176)

Nevada

Nevada background check laws

• Discrimination law. 15 or more employees (NRS 613.310-613.4383). An employer with 15 or more employees may not refuse to hire, discharge, or discriminate against a person because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, or national origin, or for discussing wages. Lower lines: Equal pay for equal work regardless of sex (wage law, enforced by the Labor Commissioner), any employer: any employer. NRS 613.310(2); 613.330(1)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. 50 or more employees in private employment in Nevada; paid leave for any purpose, not sick-specific. A private employer with 50 or more employees must provide at least 0.01923 hours of paid leave per hour worked (about 40 hours a year), usable for any reason after 90 days of employment; use may be capped at 40 hours a year. NRS 608.0197(1)(a), (9)(b)
• Criminal history rule. No statewide rule for private employers.

New York

New York background check laws

• Discrimination law. all employers within the state (no minimum employee count since Feb. 8, 2020). An employer of any size may not refuse to hire, discharge, or discriminate in compensation or terms of employment because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence (Exec. Law 296(1)(a)); harassment of any protected class is unlawful regardless of employer size; since Dec. 5, 2025 retaliation for requesting a reasonable accommodation is also unlawful. N.Y. Exec. Law 292(5) (Human Rights Law)
• Harassment training. every employer, regardless of size. Adopt a written sexual harassment prevention policy meeting the State model’s minimum standards, give it to employees in writing at hire and at each annual training, and provide interactive sexual harassment prevention training to all employees every year. N.Y. Labor Law 201-g(2)
• Continued health coverage. every insured group hospital/surgical/medical policy or contract issued in New York; the state right matters most for employers with fewer than 20 employees (outside federal COBRA), and it extends COBRA-covered groups to a total of 36 months. When an employee’s or dependent’s group coverage would end because of termination of employment or membership, death, divorce or legal separation, Medicare entitlement, or loss of dependent status, the insurer must let the person continue the same coverage without evidence of insurability for up to 36 months, at up to 102% of the group premium, with a written election within 60 days. N.Y. Ins. Law 3221(m)(1) and (m)(4)(A) (parallel: 4304(k), 4305(e))
• Family and medical leave. Paid Family Leave (paid, job-protected): every private employer with one or more employees on each of at least 30 days in a calendar year; no separate state unpaid family/medical leave law. Carry Paid Family Leave (and disability) insurance for employees, funded by employee payroll deductions; eligible employees get up to 12 weeks of job-protected paid family leave in any 52-week period at 67% of average weekly wage (capped) to bond with a new child, care for a family member with a serious health condition, or for military exigencies, with continued health insurance and reinstatement. N.Y. Workers' Comp. Law 202(1) (covered employer) and 204(2)(a) (12 weeks)
• Paid sick leave. every employer; 4 or fewer employees with net income of $1 million or less owe 40 hours UNPAID; 4 or fewer with net income over $1 million, and 5-99 employees, owe 40 hours paid; 100 or more owe 56 hours paid. Provide sick leave accruing at not less than one hour per 30 hours worked (or front-loaded), paid or unpaid and capped by the tier above, usable for the employee’s or a family member’s illness, diagnosis or preventive care, and for domestic violence needs; since 2025-01-01 every employer must also provide 20 hours of paid prenatal personal leave per 52-week period (196-b(4-a)). Lower lines: 4 or fewer employees and net income of $1 million or less in the previous tax year: up to 40 hours of UNPAID sick leave per calendar year: any employer; 5 to 99 employees: up to 40 hours of paid sick leave per calendar year: 5+; 100 or more employees: up to 56 hours of paid sick leave per calendar year: 100+. N.Y. Labor Law 196-b(1)(a)
• Criminal history rule. Correction Law Article 23-A (conviction-based denial rules): private employers with 10 or more persons; no statewide ban-the-box timing rule for private employers; Exec. Law 296(16) arrest/sealed-record inquiry ban applies to all employers. A private employer with 10 or more employees may not deny or act adversely on employment because of a prior conviction unless there is a direct relationship between the offense and the job or an unreasonable risk, after weighing the eight Article 23-A factors; on request it must give written reasons within 30 days. The state does not bar asking about convictions on the application (New York City and some counties do, under local law). Lower lines: Executive Law 296(16): no employer may ask about or act on non-pending arrests that ended favorably, sealed convictions, or youthful offender adjudications: any employer. N.Y. Correction Law 750(2)

Coming changes:

• From January 1, 2027. Paid Family Leave eligibility for construction and related trade workers who work for multiple employers under a collective bargaining agreement: eligible after working at least 26 of the last 39 weeks for any covered employer party to such an agreement, in the aggregate (WCL 203 amended). L.2025, c.651 (A4727, signed 2025-12-19) as amended by L.2026, c.72 (S8795, signed 2026-02-13, effective date set to January 1, 2027)

Ohio

Ohio background check laws

• Discrimination law. 4 or more persons employed within Ohio. An employer with four or more employees may not discriminate in hiring, discharge, pay, or terms of employment because of race, color, religion, sex, military status, national origin, disability, age (40+), or ancestry. Ohio Rev. Code 4112.01(A)(2)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any group sickness-and-accident policy issued or renewed in Ohio, and any employer self-insured plan covering Ohio residents; the statute sets no employee-count threshold. The group policy must let an involuntarily terminated employee continue hospital, surgical, and medical coverage for the employee and dependents for twelve months; the employer must give notice of the continuation right when it gives notice of termination. Ohio Rev. Code 3923.38(A)(1), (B)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Oklahoma

Oklahoma background check laws

• Discrimination law. 1 or more employees (any entity that pays one or more individuals a salary or wages). Any employer with at least one employee may not discriminate in hiring, discharge, pay, or terms of employment because of race, color, religion, sex (including pregnancy), national origin, age (40+), genetic information, or disability. 25 Okla. Stat. § 1301(1)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Group health coverage that is not subject to federal COBRA (in practice, employers with fewer than 20 employees); the statute is written by COBRA status, not by headcount. The carrier must offer a terminated employee and dependents at least 63 days of continuation coverage at the group premium (not for termination of the whole plan or for gross misconduct); the carrier gives written notice within 30 days and the employee must elect within 31 days of that notice. 36 Okla. Stat. § 4509(A), (B)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Oregon

Oregon background check laws

• Discrimination law. 1 or more employees in Oregon (general rule); 6 or more for the disability provisions. Any employer with one or more employees may not discriminate because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age (18+), or expunged juvenile record (ORS 659A.030); employers with six or more employees must also comply with the disability provisions. Lower lines: Disability discrimination and reasonable accommodation (ORS 659A.112 to 659A.139) use a HIGHER threshold than the general 1-employee rule: 6+. ORS 659A.001(4)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Employers not required to offer federal COBRA continuation (in practice, fewer than 20 employees). The group health insurance policy must let a covered person and qualified beneficiaries continue coverage after termination (voluntary or involuntary), reduction in hours, Medicare eligibility, loss of dependent status, or death, for up to nine months at no more than the group premium rate. ORS 743B.347(11), (7)(a)
• Family and medical leave. Unpaid Oregon Family Leave Act (OFLA): 25 or more employees in Oregon; Paid Leave Oregon (paid family and medical leave insurance): every employer with 1 or more employees, with employers under 25 excused from the employer share of contributions. Employers with 25 or more employees must provide OFLA job-protected unpaid leave; every employer must participate in Paid Leave Oregon (up to 12 weeks of paid family, medical or safe leave per benefit year, plus 2 weeks for pregnancy-related limitations) and restore eligible employees employed 90 days or more to their position. Lower lines: Paid Leave Oregon, all employers must withhold employee contributions and honor leave; employers with fewer than 25 employees need not pay the employer contribution: any employer. ORS 659A.153(1)
• Paid sick leave. 10 or more employees anywhere in Oregon: paid sick time; fewer than 10: unpaid sick time; employers located in Portland (city over 500,000): 6 or more employees for paid. Employers with 10 or more employees must let employees accrue at least one hour of paid sick time for every 30 hours worked (may cap at 40 hours a year); smaller employers must provide the same accrual unpaid; front-loading 40 hours satisfies the accrual rule. Lower lines: Employers located in a city with a population exceeding 500,000 (Portland) owe PAID sick time at 6 or more employees: 6+; Employers with fewer than 10 employees owe UNPAID sick time on the same accrual: any employer. ORS 653.606(1)(a)
• Criminal history rule. Every employer (no size threshold). An employer may not exclude an applicant from an initial interview solely because of a past criminal conviction: no conviction question on the application, no required disclosure before the first interview, and, if there is no interview, none before a conditional offer; conviction history may be considered after that point. ORS 659A.360(1)

Pennsylvania

Pennsylvania background check laws

• Discrimination law. 4 or more persons employed within the Commonwealth. An employer with four or more employees may not discriminate because of race (including hair texture and protective hairstyles), color, religious creed (including head coverings and hairstyles historically associated with it), ancestry, age (40+), sex, national origin, non-job-related handicap or disability, or use of a guide or support animal; religious, fraternal, charitable and sectarian bodies are covered for those classes at the same four-person line. Pennsylvania Human Relations Act, Act of Oct. 27, 1955, P.L. 744, No. 222, § 4(b) (43 P.S. § 954(b))
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Employers that normally employed between 2 and 19 employees on a typical business day during the preceding year (Pennsylvania Mini-COBRA, Act 2 of 2009). The group health policy must let a covered employee and eligible dependents continue hospital, surgical or major-medical coverage for up to nine months after a qualifying event; the employer gives notice of the right and the insurer administers it. Act of June 10, 2009, P.L. 5, No. 2, adding § 2209(e)(2) to the Insurance Company Law of 1921 (40 P.S. § 764j)
• Family and medical leave. No general state family or medical leave law and no state paid family and medical leave program. One narrow state law: the Living Donor Protection Act (Act 11 of 2021) requires an employer subject to the federal FMLA (50 or more employees) to give FMLA-type leave for surgery related to organ or tissue donation. Private employers in Pennsylvania have no state family or medical leave obligation beyond the federal FMLA, except that an FMLA-covered employer must give an eligible employee the same leave for the preparation and recovery from organ- or tissue-donation surgery (the employee’s own, or care for a spouse, child or parent), running with FMLA leave. Living Donor Protection Act, Act of Apr. 27, 2021, P.L. 39, No. 11, § 5(a)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Rhode Island

Rhode Island background check laws

• Discrimination law. 4 or more individuals employed in Rhode Island. An employer with four or more employees may not refuse to hire, discharge, or discriminate in compensation or terms of employment because of race or color, religion, sex (including pregnancy), sexual orientation, gender identity or expression, disability, age (40+), or country of ancestral origin, and must reasonably accommodate disability. R.I. Gen. Laws § 28-5-6(9)(i)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any employer that provides a group hospital, surgical, dental, vision or medical plan; no employee-count threshold. The plan’s benefits may be continued for up to 18 months at the group rate; the member must elect within 30 days; the employer must post a conspicuous notice of these rights; groups of 50 or fewer members pay the carrier directly, larger groups pay the employer. R.I. Gen. Laws § 27-19.1-1(a)
• Family and medical leave. Unpaid Rhode Island Parental and Family Medical Leave Act: private employers with 50 or more employees; paid Temporary Caregiver Insurance (TCI): every employer with one or more individuals in employment (the TDI ’employer’ is the employment-security ’employer’), funded by employee payroll contributions. Employers with 50 or more employees must give a full-time employee with 12 months’ service up to 13 consecutive workweeks of unpaid, job-protected parental or family leave in any two calendar years; every TDI-covered employer (one or more employees) must restore an employee who takes TCI leave to the same or an equivalent position and keep health benefits in force during the leave. Lower lines: Temporary Caregiver Insurance: wage replacement (employee-funded through TDI) with job restoration, for bonding with a new child, caring for a seriously ill family member or, from 2026-01-01, serving as a bone-marrow or living organ donor; up to 8 weeks per benefit year since 2026-01-01: any employer. R.I. Gen. Laws § 28-48-1(3)(i)
• Paid sick leave. 18 or more employees in Rhode Island: paid sick and safe leave; fewer than 18: no accrual duty, but up to 40 hours of unpaid sick and safe leave a year is protected from adverse action. Employers with 18 or more employees must let employees accrue at least one hour of paid sick and safe leave for every 35 hours worked, up to 40 hours a year (may front-load 40 hours and may impose a 90-day waiting period for new hires). Lower lines: Employers with fewer than 18 employees are exempt from accrual but may not take adverse action against an employee for using up to 40 hours of (unpaid) sick and safe leave a year: any employer. R.I. Gen. Laws § 28-57-5(a)
• Criminal history rule. Employers with 4 or more employees in Rhode Island (FEPA ’employer’). A covered employer may not ask on the application, or orally or in writing before the first interview, whether an applicant has ever been arrested, charged with, or convicted of any crime; conviction questions are allowed at the first interview or later, and earlier for offenses that carry a legal or fidelity-bond disqualification. R.I. Gen. Laws § 28-5-7(7)

South Carolina

South Carolina background check laws

• Discrimination law. 15 or more employees. An employer may not refuse to hire, discharge, or otherwise discriminate because of race, religion, color, sex (including pregnancy), age, national origin, or disability, and must reasonably accommodate medical needs arising from pregnancy, childbirth, or related conditions. S.C. Code 1-13-30(e) (South Carolina Human Affairs Law)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any insured group policy, no headcount; in practice employers not subject to federal COBRA (fewer than 20 employees). The group policy must let an employee insured for at least six months, whose coverage ended for a reason other than nonpayment, continue coverage for the rest of the policy month plus six months at the employee’s own cost; the employer must advise the employee of the right and the premium at termination. S.C. Code 38-71-770
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

South Dakota

South Dakota background check laws

• Discrimination law. Any employer with one or more employees. An employer may not refuse to hire, discharge, or treat an applicant, employee, or intern unequally because of race, color, creed, religion, sex, ancestry, disability, or national origin. Lower lines: Equal pay for comparable work (sex); any employer: any employer. SDCL 20-13-1(7) (South Dakota Human Relations Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every group health policy and every self-insured health benefit program, no headcount. The plan must let an employee who leaves employment continue coverage for the employee and eligible dependents for 18 months at the employee’s own cost (29 months if disabled in the first 60 days; 36 months for a dependent after the employee’s death, divorce, or loss of dependent status). SDCL 58-18-7.5
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Tennessee

Tennessee background check laws

• Discrimination law. 8 or more employees within the state. An employer may not refuse to hire, discharge, or discriminate in compensation, terms, or conditions because of race, creed, color, religion, sex, age, or national origin; the Tennessee Disability Act bars disability discrimination at the same 8-employee threshold, and the Pregnant Workers Fairness Act requires reasonable accommodation at 15. Tenn. Code Ann. 4-21-102(8), as restated by 2025 Pub. Ch. 471 (HB 910), sec. 1
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any group hospital, surgical, or major medical policy delivered or issued for delivery in Tennessee, no headcount. The group policy must let an employee or member whose coverage ends for any reason other than termination of the whole policy or insured class, and who was continuously insured for at least three months, continue coverage for the rest of the month plus the next three months by paying the full group premium in advance to the employer; not available for nonpayment, Medicare eligibility, or replacement by similar group coverage within 31 days. 2026 Pub. Ch. 931 (HB 705), sec. 1, adding a new section to Tenn. Code Ann. Title 56, ch. 7, part 23; signed 2026-05-18, effective on becoming law (sec. 20(b)(2))
• Family and medical leave. 100 or more full-time employees on a permanent basis at the job site or location. An employer must allow up to four months of leave (paid or unpaid at the employer’s option) for adoption, pregnancy, childbirth, and nursing an infant, and restore the employee who gave three months’ notice to the same or a similar position. Tenn. Code Ann. 4-21-408(d)(2), as restated by 2025 Pub. Ch. 471
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Texas

Texas background check laws

• Discrimination law. 15 or more employees (1 or more for sexual harassment). An employer may not refuse to hire, discharge, or discriminate in compensation, terms, or conditions because of race, color, disability, religion, sex, national origin, or age; any employer with one employee commits an unlawful practice if it knows of sexual harassment and fails to take immediate and appropriate corrective action. Lower lines: Sexual harassment (Labor Code ch. 21 subch. C-1, eff. 2021-09-01): any employer. Tex. Labor Code 21.002(8)(A) (Chapter 21, Texas Commission on Human Rights Act)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any insured group policy, no headcount; 9 months for those not eligible for COBRA, 6 extra months after COBRA. The insurer must continue group coverage for an employee or dependent insured for at least three consecutive months whose coverage ends for a reason other than involuntary termination for cause; the person asks the employer in writing within 60 days and pays the contribution plus 2 percent. Tex. Ins. Code 1251.255(a)(1)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Utah

Utah background check laws

• Discrimination law. 15 or more employees within the state. An employer may not refuse to hire, discharge, harass, retaliate against, or discriminate in compensation or terms against an otherwise qualified person because of race, color, sex, pregnancy or childbirth, age (40+), religion, national origin, disability, sexual orientation, or gender identity. Utah Code 34A-5-102(1)(i)(i)(D) (Utah Antidiscrimination Act), version effective 2025-05-07
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any employer group policy, no headcount; in practice employers not subject to federal COBRA. The employer’s group policy must let an employee (and spouse or dependents) covered for the prior three months extend coverage for 12 months after termination, retirement, death, divorce, loss of dependent status, leave, disability, or reduced hours; the employer must mail written notice of the right within 30 days. Utah Code 31A-22-722(1) (Utah mini-COBRA), version effective 2019-05-14
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Virginia

Virginia background check laws

• Discrimination law. 5 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (or 1 or more domestic workers). A covered employer may not refuse to hire, discharge, or otherwise discriminate in pay, terms, or conditions because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy or childbirth (including lactation), age (40+), military status, disability, or ethnic or national origin. Lower lines: domestic workers (household employment): any employer; pregnancy, childbirth, and related conditions: reasonable accommodation: 5+; disability: reasonable accommodation duty (a HIGHER threshold than the base: more than five, so 6 or more): 6+. Va. Code 2.2-3905(A) ('Employer')
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any insured group hospital, medical-surgical, or major medical policy whose policyholder is not required by federal COBRA to offer continuation (in practice, employers under 20). The group policy must let a person who was continuously insured for the prior three months continue coverage for 12 months after eligibility ends (except discharge for gross misconduct), on application within 31 days of the required written notice and no more than 60 days after termination, at the group rate plus up to a 2 percent administrative fee. Va. Code 38.2-3541(A)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Coming changes:

• From April 1, 2028. Virginia Paid Family and Medical Leave Insurance Program (Va. Code 60.2-800 to 60.2-816): payroll contributions start April 1, 2028. Employers of more than 10 employees pay the employer share; employers of 10 or fewer remit only the employee half. Benefits of 80 percent of average weekly wage for up to 12 weeks begin December 1, 2028. An employee with 120 days of service gets the job back after leave (60.2-808). Va. Code 60.2-801(A); 60.2-806(D)-(E); 60.2-803(A); 60.2-808(A); 2026 Acts cc. 981, 1093
• From July 1, 2027. Virginia Paid Sick Leave article (Va. Code 40.1-33.6:1 to 40.1-33.6:7; HB 5 / SB 199): every covered employee accrues at least one hour of paid sick leave per 30 hours worked, carried over year to year. Employer threshold phases in: 50 or more employees from July 1, 2027; 25 or more from January 1, 2028; 1 or more from January 1, 2029. Home health workers under 40.1-33.3 stay under that article. Va. Code 40.1-33.6:1 ('Employer'); 40.1-33.6:2(A); 40.1-33.6:4(A); 2026 Acts cc. 1128, 1129, cl. 2 ('shall become effective on July 1, 2027'); 2026 Sp. Sess. I c. 1

Vermont

Vermont background check laws

• Discrimination law. 1 or more individuals performing services for the employer within Vermont. An employer may not discriminate in hiring, pay, or terms of employment because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, age, or disability, and must pay equal pay for equal work regardless of sex and other listed traits. 21 V.S.A. 495d(1)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. All insured group major medical and dental policies, regardless of employer size. A person who loses group major medical or dental coverage because of loss of employment (including reduced hours), divorce or legal separation, loss of dependent-child status, or the employee’s death may continue coverage under the group policy for up to 18 months at up to 102 percent of the group rate; the employer must give notice of the right within 30 days of the qualifying event. 8 V.S.A. 4047a(a)
• Family and medical leave. Parental leave (and bereavement, safe, and qualifying exigency leave): 10 or more employees averaging at least 30 hours per week; family leave for a serious health condition: 15 or more such employees. A covered employer must give an eligible employee up to 12 weeks of unpaid, job-protected leave in a 12-month period, continue benefits during the leave, and restore the employee to the same or a comparable job. Lower lines: parental leave (pregnancy, childbirth, bonding, adoption or foster placement): 10+; family leave (employee’s or family member’s serious health condition): 15+. 21 V.S.A. 472(a)(1)
• Paid sick leave. Every employer doing business in Vermont, any size. An employer must let each covered employee accrue at least one hour of paid sick time for every 52 hours worked (the employer may cap accrual at 40 hours per 12 months and impose a waiting period of up to one year for new hires), paid at the greater of the normal wage or the minimum wage. 21 V.S.A. 481(1)
• Criminal history rule. Every employer with one or more individuals performing services in Vermont. An employer may not ask for criminal history on the initial application form; it may ask during an interview or once the applicant is deemed otherwise qualified, and must then let the applicant explain the record and any rehabilitation. 21 V.S.A. 495j(a)

Washington

Washington background check laws

• Discrimination law. 8 or more persons (Washington Law Against Discrimination). A covered employer may not refuse to hire, discharge, or discriminate in pay or terms because of age (40+), sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, disability, or use of a service animal, and must accommodate disability. Lower lines: equal pay and job-posting pay transparency: pay-range disclosure in job postings: 15+; pregnancy reasonable accommodation (a HIGHER threshold than the base until 2027-01-01): 15+. RCW 49.60.040(11)
• Harassment training. Industry-specific: every hotel, motel, retail, or security guard entity, or property services contractor, that employs an ‘isolated employee’ (janitor, security guard, housekeeper, room service attendant), any size. A covered employer must adopt a sexual harassment policy, train managers, supervisors, and isolated employees on preventing sexual assault and harassment, give isolated employees a panic button, and post resource information; no general all-industry training mandate exists. RCW 49.60.515(1)
• Continued health coverage. No statewide rule for private employers.
• Family and medical leave. Paid Family and Medical Leave (Title 50A RCW) covers every employer with any person in employment; employers with fewer than 50 employees are excused from the employer share of premiums; job restoration applies at 25 or more employees in 2026 (15+ in 2027, 8+ in 2028) after 180 days of employment. Every employer must collect and remit the employee share of PFML premiums (and pay the employer share if it has 50 or more employees); an employer with 25 or more employees must restore an employee with 180 days of service to the same or an equivalent job after leave and keep health benefits during it. Washington has no separate state unpaid family leave law (the Family Leave Act, ch. 49.78 RCW, was repealed effective 2019-12-31); federal FMLA governs unpaid leave at 50. Lower lines: employer share of PFML premiums waived: 50+; job restoration after PFML leave (2026 tier): 25+. RCW 50A.05.010(7)(a)(i)
• Paid sick leave. Every employer under the Minimum Wage Act, any size. An employer must provide at least one hour of paid sick leave for every 40 hours worked, usable from the 90th calendar day of employment, for the employee’s or a family member’s illness, closures, and domestic violence leave. RCW 49.46.210(1)(a)
• Criminal history rule. Every employer, any size; the stricter 2025 amendments apply to employers with 15 or more employees since 2026-07-01 and to employers with fewer than 15 from 2027-01-01. An employer with 15 or more employees may not ask about or obtain an applicant’s criminal record until it finds the applicant otherwise qualified and makes a conditional offer, and may take adverse action on a conviction only for a legitimate business reason after notice and a two-business-day hold; an employer with fewer than 15 employees follows the 2018 rule (no inquiry until the applicant is found otherwise qualified) until 2027-01-01. Lower lines: 2025 c 71 amended rule (no inquiry until a conditional offer; two-business-day hold; written reasons; no adverse action on arrests or juvenile records): 15+. RCW 49.94.010(1) (as amended by 2025 c 71)

Coming changes:

• From January 1, 2027. Pregnancy accommodation moves from RCW 43.10.005 (15 or more employees) to the new Healthy Start Act, chapter 49.92 RCW, which covers any employer with one or more employees, including religious nonprofits. Labor & Industries takes over enforcement. 2026 c 76 (SSB 6014) amends the new law on the same date. 2025 c 379 (E2SSB 5217) ss. 1(4), 8, 10
• From January 1, 2027. PFML job restoration threshold drops to 15 or more employees for calendar 2027, then to 8 or more from 2028-01-01. RCW 50A.35.010(6)(a)(i)(B)-(C) (2025 c 304)
• From January 1, 2027. The 2025 c 71 Fair Chance Act amendments (conditional-offer timing, two-business-day hold, written reasons, no adverse action on arrests or juvenile records) reach employers with fewer than 15 employees. RCW 49.94.010 note, Application, 2025 c 71 s 4(2)

Wisconsin

Wisconsin background check laws

• Discrimination law. Any person engaging in any activity, enterprise, or business employing at least one individual. An employer may not discriminate in hiring, pay, or terms because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off duty, or declining to attend meetings about religious or political matters. Wis. Stat. 111.32(6)(a)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every insured group hospital or medical policy issued in Wisconsin, regardless of employer size. A group member who loses eligibility (other than discharge for misconduct), a former spouse after divorce, or a surviving spouse or dependent, after three months of continuous coverage, may elect within 30 days of the employer’s notice to continue the group coverage at no more than the group rate; the insurer may require conversion to an individual policy after 18 months. Wis. Stat. 632.897(2)(b)
• Family and medical leave. 50 or more individuals employed on a permanent basis (Wisconsin Family and Medical Leave Act). A covered employer must give an eligible employee unpaid leave each 12-month period of up to 6 weeks for birth or adoption, up to 2 weeks to care for a child, spouse, domestic partner, or parent with a serious health condition (8 weeks combined family leave), and up to 2 weeks for the employee’s own serious health condition, with job restoration and benefit continuation. Lower lines: bone marrow and organ donation leave (up to 6 weeks), same 50-employee threshold: 50+. Wis. Stat. 103.10(1)(c)
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. Every employer with at least one employee (arrest and conviction record are protected classes under the Fair Employment Act; no ban-the-box timing rule). An employer may not ask an applicant about arrest records other than a pending charge, and may refuse to hire or may terminate because of a conviction (or act on a pending charge) only when the circumstances of the offense substantially relate to the circumstances of the particular job. Wis. Stat. 111.335(2)(a)

West Virginia

West Virginia background check laws

• Discrimination law. 12 or more persons within the state for 20 or more calendar weeks in the calendar year of the alleged discrimination or the preceding calendar year. A covered employer may not discriminate in hiring, pay, or terms because of race, religion, color, national origin, ancestry, sex, age (40+), blindness, or disability, and must give reasonable accommodation for pregnancy, childbirth, and related conditions (Pregnant Workers’ Fairness Act, same employer definition). Lower lines: equal pay for equal work regardless of sex (employers not subject to the federal Equal Pay Act): any employer. W. Va. Code 16B-17-3(d)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Every insured group accident and sickness policy, regardless of employer size; continuation only for involuntary layoff. The group policy must let employees who are involuntarily laid off keep paying premiums at the group rate and keep the same coverage for up to 18 months; no state continuation right exists for voluntary quits, divorce, or loss of dependent status. W. Va. Code 33-16-3(e)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Wyoming

Wyoming background check laws

• Discrimination law. 2 or more employees within the state. An employer with 2 or more employees may not refuse to hire, discharge, promote or demote, or discriminate in pay, terms, conditions, or privileges of employment because of age (40 and over), sex, race, creed, color, national origin, ancestry, pregnancy, or qualified disability, or because of off-duty tobacco use. Lower lines: Equal pay (gender): the Wyoming equal pay statute defines ’employer’ without an employee count, so it reaches any employer.: any employer. Wyo. Stat. 27-9-102(b)
• Harassment training. No statewide rule for private employers.
• Continued health coverage. Any employer whose group health policy is not subject to federal COBRA (in practice, employers with fewer than 20 employees). A non-COBRA group hospital, surgical, or major medical policy issued in Wyoming must let an employee (continuously insured for the prior 3 months) and covered dependents continue coverage for up to 12 months after employment ends, on written request within 31 days, at no more than 102% of the group rate. Wyo. Stat. 26-19-113(a), (a)(vi)(A), (b)
• Family and medical leave. No statewide rule for private employers.
• Paid sick leave. No statewide rule for private employers.
• Criminal history rule. No statewide rule for private employers.

Sources

• 42 U.S.C. 2000e(b)
• 42 U.S.C. 12111(5)(A)
• 42 U.S.C. 2000ff(2)(B)(i)
• 42 U.S.C. 2000gg(2)(B)(i); 42 U.S.C. 2000e(k)
• 29 U.S.C. 630(b)
• 29 U.S.C. 1161(b)
• 29 U.S.C. 2611(4)(A)(i); 29 U.S.C. 2611(2)(B)(ii)
• 26 U.S.C. 4980H(c)(2)(A), (c)(2)(E), (c)(4)(A)
• 29 CFR 1602.7
• 29 U.S.C. 2101(a)(1), (a)(8)
• AS 18.80.300(5)
• AS 23.10.066(1)
• Ala. Code 25-1-20(2); 25-1-21
• Ala. Code 25-1-61(a), (b)(1)
• Ark. Code Ann. 16-123-102(7)
• A.R.S. 41-1461(7)(a)
• A.R.S. 20-2330(N)(4)
• A.R.S. 23-372(A), (C)
• Cal. Gov. Code 12926(d)
• Cal. Gov. Code 12950.1(a)(1)
• Cal. Health & Safety Code 1366.21(b), (e)
• Cal. Gov. Code 12945.2(b)(4)(A)
• Cal. Lab. Code 245.5(b)(1); 246(a)(1)
• Cal. Gov. Code 12952(a)
• C.R.S. 24-34-401(3)
• C.R.S. 10-16-108(1)(e)(I)
• C.R.S. 8-13.3-503(8)(a)
• Conn. Gen. Stat. 46a-51(10)
• Conn. Gen. Stat. 38a-512a(a)(1)
• Conn. Gen. Stat. 31-51kk(4)
• D.C. Code 2-1401.02(10)
• D.C. Code 2-1411.05a(b)(1)
• D.C. Code 32-732(a), (a)(2)
• D.C. Code 32-516(2)
• D.C. Code 32-531.02(a)(1)
• D.C. Code 32-1341(6)
• 19 Del. C. 710(7)
• 18 Del. C. 3571F(6)b.2.B
• 19 Del. C. 3701(7)a.2
• Fla. Stat. 760.02(7)
• Fla. Stat. 627.6692(4)(h)
• O.C.G.A. 33-24-21.1(c)(1)
• HRS 378-1 (definition of ‘Employer’)
• HRS 398-1 (definition of ‘Employer’)
• HRS 378-2.5(b)
• Iowa Code 216.6(6)(a)
• Iowa Code 509B.3 (lead paragraph and (6)(a))
• Idaho Code 67-5902(6)
• 775 ILCS 5/2-101(B)(1)(a)
• 775 ILCS 5/2-109(C)
• 215 ILCS 5/367e(6)(a)
• 820 ILCS 180/20(a)(2) (VESSA)
• 820 ILCS 192/15(a)
• 820 ILCS 75/10
• IC 22-9-1-3(h)
• K.S.A. 44-1002(b)
• K.S.A. 40-2209(i)
• KRS 344.030(2)
• KRS 304.18-110(1)(a), (2), (3)(a)
• KRS 337.015(1)
• La. R.S. 23:302(2)
• La. R.S. 22:1046(A)(1), (C), (G)(1)
• La. R.S. 23:341(A)
• La. R.S. 23:291.2(A)-(B)
• M.G.L. c. 151B, s. 1(5)
• M.G.L. c. 176J, s. 9(a), (b)(2)(i), (f)(ii)
• M.G.L. c. 149, s. 105D(a)-(b)
• M.G.L. c. 149, s. 148C(d)(4)
• M.G.L. c. 151B, s. 4(9 1/2); s. 1(5)
• Md. Code, State Gov’t 20-601(d)(1)(i)2.A
• Md. Code, Ins. 15-409(b)-(c)
• Md. Code, Lab. & Empl. 3-1201(c)(1)
• Md. Code, Lab. & Empl. 3-1304(a)(1)(i), (a)(2)(i)
• Md. Code, Lab. & Empl. 3-1501(c)(1); 3-1503(a)
• 5 M.R.S. 4553(4)
• 26 M.R.S. 807(3)
• 24-A M.R.S. 2809-A(11)(J) and (11)(F)
• 26 M.R.S. 843(3)(A)
• 26 M.R.S. 637(2)-(3)
• 26 M.R.S. 600-A(1)(B), (2)
• MCL 37.2201(a) (Elliott-Larsen Civil Rights Act)
• MCL 408.962(l) (Earned Sick Time Act, as amended by 2025 PA 2)
• Minn. Stat. 363A.03, subd. 16 (Minnesota Human Rights Act)
• Minn. Stat. 62A.17, subd. 1; 62A.16
• Minn. Stat. 181.940, subd. 3; 181.941, subd. 1
• Minn. Stat. 181.9445, subd. 6; 181.9446
• Minn. Stat. 364.021(a)
• Mo. Rev. Stat. 213.010(8); 213.055.1(1)(a)
• Mo. Rev. Stat. 376.428.1 and .4
• Mississippi Insurance Department, Health Insurance Questions and Answers, Topic Six (COBRA), Q3; statute: Miss. Code Ann. 83-9-51(2)-(4), (7)(a)
• Mont. Code Ann. 49-2-101(11); 49-2-303(1)(a)
• Mont. Code Ann. 49-2-310(2); 49-2-311
• G.S. 143-422.2(a) (Equal Employment Practices Act)
• G.S. 58-53-35(a)(1) (with 58-53-5)
• N.D.C.C. 14-02.4-02(8) (Human Rights Act)
• N.D.C.C. 26.1-36-23(6)(a)
• Neb. Rev. Stat. 48-1102(2); 48-1104
• Neb. Rev. Stat. 44-1640; 44-1641
• Neb. Rev. Stat. 48-3802(4)(a), (10); 48-3803(1)
• RSA 354-A:2, VII; 354-A:7, I
• RSA 415:18, XVII(a)
• RSA 354-A:7, VI(b); 354-A:2, VII
• N.J.S.A. 10:5-5(e) and (a)
• N.J.S.A. 34:11B-3(f)(5), as amended by P.L.2025, c.279 sec. 1
• N.J.S.A. 34:11D-1 and 34:11D-2(a)
• N.J.S.A. 34:6B-13 (Opportunity to Compete Act)
• NMSA 1978, 28-1-2(B) (Human Rights Act)
• NMSA 1978, 59A-18-16(A)(2)(a), as amended by Laws 2019, ch. 259 (HB 436)
• NMSA 1978, 50-17-2(F) (Healthy Workplaces Act, Laws 2021, ch. 131, HB 20)
• NMSA 1978, 28-2-3.1(A) (Criminal Offender Employment Act; Laws 2019, ch. 176)
• NRS 613.310(2); 613.330(1)
• NRS 608.0197(1)(a), (9)(b)
• N.Y. Exec. Law 292(5) (Human Rights Law)
• N.Y. Labor Law 201-g(2)
• N.Y. Ins. Law 3221(m)(1) and (m)(4)(A) (parallel: 4304(k), 4305(e))
• N.Y. Workers’ Comp. Law 202(1) (covered employer) and 204(2)(a) (12 weeks)
• N.Y. Labor Law 196-b(1)(a)
• N.Y. Correction Law 750(2)
• Ohio Rev. Code 4112.01(A)(2)
• Ohio Rev. Code 3923.38(A)(1), (B)
• 25 Okla. Stat. § 1301(1)(a)
• 36 Okla. Stat. § 4509(A), (B)
• ORS 659A.001(4)(a)
• ORS 743B.347(11), (7)(a)
• ORS 653.606(1)(a)
• Pennsylvania Human Relations Act, Act of Oct. 27, 1955, P.L. 744, No. 222, § 4(b) (43 P.S. § 954(b))
• Act of June 10, 2009, P.L. 5, No. 2, adding § 2209(e)(2) to the Insurance Company Law of 1921 (40 P.S. § 764j)
• Living Donor Protection Act, Act of Apr. 27, 2021, P.L. 39, No. 11, § 5(a)
• R.I. Gen. Laws § 28-5-6(9)(i)
• R.I. Gen. Laws § 27-19.1-1(a)
• R.I. Gen. Laws § 28-48-1(3)(i)
• R.I. Gen. Laws § 28-57-5(a)
• R.I. Gen. Laws § 28-5-7(7)
• S.C. Code 1-13-30(e) (South Carolina Human Affairs Law)
• S.C. Code 38-71-770
• SDCL 20-13-1(7) (South Dakota Human Relations Act)
• SDCL 58-18-7.5
• Tenn. Code Ann. 4-21-102(8), as restated by 2025 Pub. Ch. 471 (HB 910), sec. 1
• 2026 Pub. Ch. 931 (HB 705), sec. 1, adding a new section to Tenn. Code Ann. Title 56, ch. 7, part 23; signed 2026-05-18, effective on becoming law (sec. 20(b)(2))
• Tex. Labor Code 21.002(8)(A) (Chapter 21, Texas Commission on Human Rights Act)
• Tex. Ins. Code 1251.255(a)(1)
• Utah Code 34A-5-102(1)(i)(i)(D) (Utah Antidiscrimination Act), version effective 2025-05-07
• Utah Code 31A-22-722(1) (Utah mini-COBRA), version effective 2019-05-14
• Va. Code 2.2-3905(A) (‘Employer’)
• Va. Code 38.2-3541(A)
• 21 V.S.A. 495d(1)
• 8 V.S.A. 4047a(a)
• 21 V.S.A. 472(a)(1)
• 21 V.S.A. 481(1)
• 21 V.S.A. 495j(a)
• RCW 49.60.040(11)
• RCW 49.60.515(1)
• RCW 50A.05.010(7)(a)(i)
• RCW 49.46.210(1)(a)
• RCW 49.94.010(1) (as amended by 2025 c 71)
• Wis. Stat. 111.32(6)(a)
• Wis. Stat. 632.897(2)(b)
• Wis. Stat. 103.10(1)(c)
• Wis. Stat. 111.335(2)(a)
• W. Va. Code 16B-17-3(d)
• W. Va. Code 33-16-3(e)
• Wyo. Stat. 27-9-102(b)
• Wyo. Stat. 26-19-113(a), (a)(vi)(A), (b)

Last reviewed October 21, 2026 · General information, not legal advice. Counts and dates are as the statutes read on the review date; a state may count employees differently from federal law.