Effective July 1, 2017, all VT employers are prohibited from requesting information about criminal history on an initial application form. Employers may inquire about a prospective employee’s criminal history during an interview or once the applicant has been deemed otherwise qualified for the position. Inquiring about criminal history on an application is allowable under the following circumstances:
- 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 of State law or regulations 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.
If an employer inquires about an applicant’s criminal history and the applicant is still eligible for the position under applicable Federal or State law, he or she must be given an opportunity to explain the information and circumstances regarding any convictions, including post-conviction rehabilitation.
Employers found in violation of this law are subject to a $100 civil penalty for each violation.
Staying up on the current laws and their requirements is vital to compliance. For a list of all locations with ban the box laws click HERE