Vermont is the latest state to adopt what is known as a “ban the box” law. The name comes from the conviction history check-box found on standard employment applications. Also known as “fair chance” laws, these laws limit when an employer may permissibly ask about a job applicant’s criminal history during the application process. The purpose of ban-the-box legislation is to delay background check inquiries until later in the hiring process so that employers evaluate applicants based on their qualifications rather than automatically screening out former offenders.
In Vermont, an employer may not request criminal history record information on its initial job application form. An exception is made when a state or federal law or regulation requires a clean criminal history for the position sought. The law permits an employer to inquire about a prospective employee’s criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position. If an employer inquires about a prospective employee’s criminal history record information, the prospective employee must be afforded an opportunity to explain the circumstances regarding any convictions. An employer who violates the provisions of the law may be assessed a civil penalty of up to $100.00 for each violation. Vermont’s ban-the-box law is effective July 1, 2017.
Nationwide, over 100 cities and counties have adopted ban-the-box laws. There are a total of 23 states that have adopted some form of the law. Eight states and the District of Columbia prohibit private employers from asking about criminal history on job applications. There is also a pending legislative proposal to implement a fair chance law on the federal level.