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Reminder: Vermont ‘Ban the Box’

By Martha Van Oot, Susan M. Corcoran and Richard I. Greenberg
  • July 5, 2017

Vermont’s Ban the Box law became effective on July 1, 2017, more than a year after Governor Peter Shumlin signed H. 261.

The law prohibits an employer from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form, unless the individual is applying for a position for which state or federal law creates a mandatory or presumptive disqualification for employment, based on convictions for certain offenses, or the employer is subject to an obligation imposed by state or federal law not to employ an individual convicted of certain offenses.

Employers may still question applications about their prior criminal records during a job interview or once the applicant, consistent with federal and state equal employment opportunity principles and any applicable guidelines, has been deemed otherwise qualified for the position. The prospective employee, if eligible for the position under state or federal law, must be given the opportunity to explain the criminal history record information and the circumstances regarding any convictions.

An employer who violates the “ban the box” law will be subject to a civil penalty of up to $100 per violation.

Governor Shumlin had previously issued a “ban the box” Executive Order in 2015 covering state jobs.

Jackson Lewis attorneys are available to answer questions about ban the box legislation, related municipal ordinances, and background checks in general.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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