You can maintain photographs and fingerprints of employees and applicants, but only for your use. Generally, you cannot require applicants or employees to provide fingerprints or photographs as a condition of employment if they will be provided to a third party and used to the applicant’s or employee’s detriment.1 Providing the photographs or fingerprints to a third party is a misdemeanor. Requiring candidates to submit photographs with employment applications may also be deemed an inappropriate screening of applicants who belong to a protected class.

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