State Blacklisting Laws
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State and Statute
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Employer actions prohibited (if intended to prevent a former employee from obtaining other employment)
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Alabama
Ala. Code § § 13A-11-123
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Maintaining a blacklist.
Notifying others that an employee has been blacklisted.
Using any other similar means to prevent a person from obtaining employment.
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Arizona
Ariz. Rev. Stat. Ann.
§ § 23-1361 to 23-1362
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The knowing exchange, solicitation, or gift of a blacklist.
A blacklist is any understanding or agreement that communicates a name, or list of names, or descriptions between two or more employers, supervisors, or managers in order to prevent an employee from engaging in a useful occupation.
A blacklist can be spoken, written, printed, or implied.
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Arkansas
Ark. Code Ann. § 11-3-202
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Writing, printing, publishing, or circulating false statements in order to get someone fired or prevent someone from obtaining employment.
Publishing that someone is a member of a secret organization in order to prevent that person from securing employment.
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California
Cal. Lab. Code § § 1050 to 1053
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Preventing or attempting to prevent former employee from getting work through misrepresentation.
Knowingly permitting or failing to take reasonable steps to prevent blacklisting.
In a statement about why an employee was discharged or left employment, implying something other than what is explicitly said, or providing information that was not requested.
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Colorado
Colo. Rev. Stat. § § 8-2-110 to 8-2-114
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Publishing or maintaining a blacklist. Conspiring or contriving to prevent a discharged employee from securing other employment.
Notifying another employer that a former employee has been blacklisted.
Any employer that provides written information to a prospective employer about a current or former employee, shall, upon that employee's request, send a copy to the employee's last known address. The subject of such a reference may also obtain a copy by appearing at the employer or former employer's place of business during normal business hours.
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Connecticut
Conn. Gen. Stat. Ann. § 31-51
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Blacklisting, publishing, or causing to be published the name of any employee with the intent and for the purpose of preventing that person's engaging in or securing other employment.
Conspiring or contriving to prevent an employee from procuring other employment.
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Florida
Fla. Stat. Ann. § 448.045
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Agreeing or conspiring with another person or persons in order to get someone fired or prevent someone from obtaining employment.
Making threats, whether verbal, written, or in print, against the life, property, or business of another in order to get someone fired or prevent the procurement of work.
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Hawaii
Haw. Rev. Stat. § 377-6(11)
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Making, circulating, or causing the circulation of a blacklist.
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Idaho
Idaho Code § 44-201
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Maintaining a blacklist.
Notifying another employer that a current or former employee has been blacklisted.
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Indiana
Ind. Code Ann. § 22-5-3-1
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Using any means to prevent a discharged employee from obtaining employment.
Upon written request, prospective employers shall provide job applicant with copies of any written communication from the applicant's current or former employers that may affect the possibility of employment.
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Iowa
Iowa Code § § 730.1 to 730.3
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Preventing or trying to prevent, either verbally or in writing, a discharged employee from obtaining other employment.
Authorizing or permitting blacklisting.
Making false statements about an employee's honesty.
If a company, partnership, or corporation authorizes or allows blacklisting of a former employee, it shall be liable for treble damages.
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Kansas
Kan. Stat. Ann. § § 44-117 to 44-119
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Using words, signs, or any kind of writing to prevent or attempt to prevent a discharged employee from obtaining other employment.
Any person, firm, or corporation found guilty of blacklisting shall be liable to the injured employee for treble damages and attorney's fees.
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Maine
Me. Rev. Stat. Ann. title 17, § 401
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Maintaining or being party to a blacklist, either alone or in combination with others.
Preventing or attempting to prevent an employee from entering, leaving, or remaining in employment by threats of injury, intimidation, or force.
Preventing or attempting to prevent anyone from obtaining employment by means of a blacklist.
Any person who violates this law can be found guilty regardless of whether he or she intended to cause the employee harm.
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Massachusetts
Mass. Gen. Laws ch. 149 § 19
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Using intimidation or force to prevent or attempt to prevent someone from obtaining or continuing in employment.
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Minnesota
Minn. Stat. Ann. § 179.60
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Combining or conferring with another or other employers to interfere with or prevent a person from obtaining employment.
Using threats, promises, blacklists, or any other means to get someone fired.
Blacklisting any discharged employee.
Verbally or in writing attempting to prevent a former employee from obtaining employment elsewhere.
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Montana
Mont. Code Ann. § § 39-2-801 to 39-2-804
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Refusing to respond to a former employee's demand for a written statement of the reasons for discharge while providing a statement of those reasons to any other person.
Blacklisting by word or writing of any kind, or authorizing or allowing a company's agents to blacklist.
Attempting, by written, verbal, or any other means, to prevent a discharged or former employee from obtaining employment elsewhere.
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Nevada
Nev. Rev. Stat. Ann. § 613.210
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For an employer or employer's representative: Blacklisting or causing any employee to be blacklisted; publishing any employee's name or causing it to be published with the intent to prevent that person from getting work.
Conspiring or contriving in any manner to prevent discharged employee from procuring other work.
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New Mexico
N.M. Stat. Ann. § 30-13-3
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For an employer or employer's agent: Preventing or attempting to prevent a former employee from obtaining other employment.
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New York
N.Y. Labor Law § 704(2) and (9)
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Making, maintaining, distributing, or circulating a blacklist to prevent an employee from obtaining or continuing employment because employee exercised rights to organize, unionize, or bargain collectively.
Informing any person of an individual's membership in a labor organization or exercise of protected labor rights in order to prevent them from obtaining or retaining employment.
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North Carolina
N.C. Gen. Stat. § 14-355
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Preventing or attempting to prevent, by word or writing of any kind, a discharged employee from obtaining other employment.
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North Dakota
N.D. Cent. Code § 34-01-06
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Maliciously interfering or in any way hindering a person from obtaining or continuing other employment.
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Oklahoma
Okla. Stat. Ann. tit. 40, § 172
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Blacklisting or causing an employee to be blacklisted.
Publishing or causing employee's name to be published with the intent to prevent the employee from getting work.
Requiring employee to write a letter of resignation with the intent to prevent or hinder other employment.
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Oregon
Or. Rev. Stat. § 659.805
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Blacklisting or causing any discharged employee to be blacklisted; publishing or causing the name of any discharged employee to be published with the intent to prevent the employee from getting or keeping work.
Conspiring or scheming by correspondence, or by any other means, to prevent a discharged employee from obtaining employment.
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Rhode Island
R.I. Gen. Laws § 28-7-13(2)
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Making, maintaining, distributing, or circulating a blacklist to prevent an employee from obtaining or continuing in employment because employee exercised rights to organize, unionize, or bargain collectively.
Informing any person of an individual's membership in a labor organization or exercise of protected labor rights in order to prevent them from obtaining or retaining employment.
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Texas
Tex. Civ. Stat. Ann. Art. 5196(1) to (4)
Tex. Lab. Code Ann. § 52.031
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Blacklisting or causing to be blacklisted.
Preventing or attempting to prevent by word, printing, sign, list, or other means, directly or indirectly, a former employee from obtaining other work.
Communicating, directly or indirectly, information about an applicant without giving the applicant a copy of the communication, and the names and addresses of those to whom it was made, within ten days of demand.
Receiving a request, notice, or communication preventing, or calculated to prevent, the employment of an applicant without giving a copy of the communication to the applicant, and the names and addresses of those to whom it was made, within ten days of demand.
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Utah
Utah Code Ann. § § 34-24-1 to 34-24-2
Utah Const. Art. 12, § 19; Art. 16, § 4
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Blacklisting or causing any former employee to be blacklisted, or publishing or causing the name of any former employee to be published, with the intent or purpose of preventing the employee from obtaining or retaining similar employment.
Exchanging blacklists with or among railroads, corporations, associations, or persons.
Maliciously interfering with any person's obtaining or continuing in employment with another employer.
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Virginia
Va. Code Ann. § 40.1-27
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Willfully and maliciously preventing or attempting to prevent, verbally or in writing, directly or indirectly, a former employee from obtaining other employment.
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Washington
Wash. Rev. Code Ann. § 49.44.010
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Willfully and maliciously sending, delivering, making, or causing to be made, any document, signed, unsigned, or signed with a fictitious name, mark, or other sign; publishing or causing to be published any statement, in order to prevent someone from obtaining employment in Washington or elsewhere.
Willfully and maliciously blacklisting or causing a person to be blacklisted, by writing, printing, or publishing their name, or mark or sign representing their name, in a paper, pamphlet, circular, or book, along with a statement about that person for the purpose of preventing employment.
Willfully and maliciously publishing or causing to be published that a person is a member of a secret organization in order to prevent them from obtaining employment.
Willfully and maliciously making or issuing any statement or paper in order to influence or prejudice the mind of an employer against a person seeking employment, or to cause someone to be discharged.
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Wisconsin
Wis. Stat. Ann. § 134.02
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Any two or more employers joining together to:
• prevent any person seeking employment from obtaining employment
• cause the discharge of an employee by threats, promises, circulating blacklists, or causing blacklists to be circulated
• prevent or attempt to prevent, by blacklist or any other means, a former employee from obtaining other employment
• authorize or allow any of their agents to blacklist a former employee.
Giving any statement of the reasons for an employee's discharge with the intent to blacklist, hinder, or prevent the discharged employee from obtaining other work.
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