Law Effective July 1, 2017
A new law in Vermont, effective July 1, 2017, places certain restrictions on employers' criminal record inquiries.
'Ban the Box' Provisions
- An employer is generally prohibited from requesting criminal history record information on its initial employee application form.
- An employer may inquire about a prospective employee's criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.
- If an employer inquires about a prospective employee's criminal history record information, the prospective employee (if still eligible for the position under applicable law) must be afforded an opportunity to explain the information and circumstances regarding any convictions, including post-conviction rehabilitation.
Exception
- An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met:
- The prospective employee is applying for a position for which any federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or the employer (or an affiliate of the employer) is subject to an obligation imposed by any federal or state law or regulation not to employ an individual (in either one or more positions) who has been convicted of one or more types of criminal offenses; and
- The questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.
Additional details are contained in the text of the law. A press release is also available.
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