Key Takeaways
- Applies to all employers. Public employers were already mandated by a 2015 Ban the Box executive order.
- Employer may not inquire about criminal history on a job application.
- Employers may take adverse action only after allowing the employee opportunity to explain the circumstances surrounding the conviction.
Who does this effect?
The law applies to employers doing business in or operating within the state of Vermont, and any agent of such employer, which has one or more individuals performing services for it within Vermont.
When does this go into effect?
Vermont’s Ban the Box law goes into effect July 1, 2017.
What is included in the law?
The legislation states an employer must not inquire about criminal history record information on an 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.
Are there any exceptions?
Yes. An employer may inquire about criminal convictions on an initial employee application form if certain conditions are met. Each employer should review and evaluate if their organization meets the outlined exemptions.
Can employers still consider and take adverse action based on an applicant’s criminal history?
Yes – However, if an employer inquires about a prospective employee’s criminal history record information, the prospective employee, if still eligible for the position under applicable federal or State law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation.
Recommendations
We recommend you review, and discuss with your legal counsel, your organization’s policies and procedures, including your company’s application, criminal history questions and adverse action process to ensure compliance with the changing laws.
Contact Accurate Background
For more information regarding recent legislative changes in other states and jurisdictions, visit our Legislative Updates page.
*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.