Blog

 
     

Vermont Bans the Box

By Michael Klazema on 5/6/2016

Under the new law, an employer may inquire about a prospective employee’s criminal history record in an interview or once the prospective employee has been deemed qualified for the position.  The bill takes effect on July 1, 2017.

There are two specific exceptions provided in the law allowing employers to inquire about any criminal convictions on an initial employee form:

  1. The applicant 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 of more type of criminal offenses, and
  2. The employer or an affiliate of the employer is subjected to an obligation imposed by any federal or state law or regulation not to employ individual, in either one or more positions, who have been convicted of one or more types of criminal offenses.

The questions on the application form are limited to the type of criminal offenses creating the disqualification or obligation. If the employer inquires about a prospective employee’s criminal history information, the prospective employee must be afforded the opportunity to explain the information and the circumstances regarding any convictions including post-conviction rehabilitation.

Employers who violate the provisions of this law will be liable for a civil penalty of up to $100 for each violation.

What This Means to You

  • This applies to all employers in Vermont.
  • The new law allows employers to request a prospective employee’s criminal records in an interview or once the applicant is deemed qualified for the job.
  • When requesting the applicant’s criminal history information, the employer must allow the individual to explain the circumstances behind any convictions including post-conviction rehabilitation.
  • Employers who violate this law will be penalized up to $100 for each violation.

House Bill 261 is available here for review: 
https://legiscan.com/VT/text/H0261/id/1394944/Vermont-2015-H0261-Enrolled.pdf

Industry News

Tag Cloud
Categories
Recent Posts

Latest News

  • December 11 The Department of Health and Human Services Office of the Inspector General criticized a migrant youth detention center on the border for not running the proper background checks. Federal law requires the facility to screen all employees with FBI fingerprint checks.
  • December 06 In a bid to combat money laundering and illicit funding sources for terrorists flowing through the country's real estate sector, Singapore's government now mandates background checks for buyers purchasing properties prior to development.
  • December 04 What is a reference check? How does it vary from a work history check? We explore these questions and others.
  • December 04 Chicago Public Schools has dismissed hundreds of employees, coaches, vendors, and volunteers based on background check findings. The district recently vowed to re-check the majority of its 68,000 employees after a Chicago Tribune investigation revealed holes in its background check policies.
  • November 29 Striving to create a safer environment more conducive to productive training and leadership development, the Army has recently moved to adopt a uniform policy of background checks for certain roles. 
  • November 27 For hiring managers to verify the information provided on a resume, verification is essential.  Such is the purpose of employment history background checks.
  • November 27 California’s biggest public school district is waiving the cost of volunteer background checks. The move is meant to encourage more family - and community members to get involved with the school district.
  • November 22 Contractors play an important role in the workforce, delivering services to both individuals and organizations. Vetting contractors for suitability continues to be a challenge, as two recent articles prove.
  • November 21 When it comes to background and pre-employment checks, it can be instructive to look at the characteristics of the ten most massive U.S. employers.
  • November 21

    Verification checks are a powerful way to assess how truthful a job candidate has been on his or her application or resume. These checks can verify work history, education verification, professional licenses, and favorable personal qualities.