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Rhode Island law prohibits employers from requesting tax documents from applicants

Employers operating in Rhode Island should note that the state has a law in place prohibiting employers from requesting tax-related documents from prospective employees as a condition of consideration for employment.

This includes requesting W-2s or other state or federal tax documents in an effort to verify an applicant or employee’s previous employment since these checks are typically conducted as part of a conditional offer of employment.

Specifically, RI Gen L § 28-6.9-1 states:

Requests for tax returns prohibited. – No employer or agent of any employer shall request or require any applicant for employment to provide copies of his or her federal or state income tax return, W-2 statement or related tax documents as a condition of consideration for employment.

Employers operating in Rhode Island should review their practices to ensure compliance with the above restriction. 

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