Search form

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 material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. For more information, visit www.jacksonlewis.com.

See AllRelated Articles You May Like

April 1, 2019

Retail Industry Workplace Law Update – Spring 2019

April 1, 2019

Class Action Trends Report The latest issue of our quarterly report on new developments in class action litigation focuses on independent contractors and covers the following topics: Is an “independent contract” enough? Independent contractors in California Potential strategies to protect your company and tips to defend... Read More

March 29, 2019

March 31 is International Transgender Day of Visibility

March 29, 2019

Gender identity, transgender status, gender non-conformance, and workplace gender transitions are timely topics, both societally and within workplaces. March 31 is International Transgender Day of Visibility, which aims to celebrate transgender people and raise awareness of discrimination faced by them. Jackson Lewis has been fortunate... Read More

March 20, 2019

New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

March 20, 2019

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural rights under the statute. The amendment applies to all contracts and agreements entered into, renewed, modified, or... Read More

Related Practices