Vermont Has New Ban the Box Law for Background Check and Criminal History Process

Vermont Governor Peter Shumlin recently signed a bill (H.B. 261) that will “ban the box” for both public and private employers. The law takes effect July 1, 2017.

Affected employers will be required to remove any questions regarding criminal history from job applications, and refrain from inquiring on an individual’s past or conducting a background check until during interview the interview process or if an applicant has been deemed qualified for a position.

Governor Shumlin stated, “Too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment. Banning the box is all about breaking down barriers and giving those Vermonters who have paid their debt to society a fair chance at finding a good job. Nobody wins when Vermonters are trapped in a cycle of unemployment and incarceration.”

Exceptions to the law include:

  • Jobs where a criminal history or certain convictions prohibit employment due to federal or state law.
  • A conviction or a crime precludes employment in a specific position

Should an employer violate the ban the box law (H.B. 261), they can be subject to civil penalties of up to $100 for each violation.

Public and private employers in Vermont should start preparations ahead of time so job applications and hiring processes comply with the new law prior to the July 1, 2017 deadline. It’s also wise to check with legal counsel when making the necessary preparations.

Click here to view the draft bill of the enacted law.

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