Restriction Explanation
Applicant/subject cannot be required to pay for background check or portion of User may not require subject to pay for criminal record.
Ban-the-Box 1: Use of criminal record only after applicant meets minimum employment qualifications Effective July 1, 2017. This law takes a step back from the current trend in ban-the-box. It does not delay inquiring into criminal record until “post offer”. Rather an employer can ask about criminal history including: “arrest or citation, arraignment, judicial disposition, custody and supervision” during an interview or when the applicant is deemed qualified for the position. It does not limit inquiry as to any particular interview. It just prohibits the question being on the application form.
Ban-the-Box 3: Use of criminal record only after conditional offer of employment When hiring employees to work with vulnerable adults, an employer may only seek a criminal record after an offer of employment is made (volunteer and contractor included within the definition).
Cost of Medical Examination for Background Screening Cannot be Paid by Subject/Applicant Employer must pay for a medical examination of employee or applicant when used as a condition of employment.
Must obtain consent for any consumer report prior to obtaining report All users, not just employers, of consumer reports must obtain the consent of the consumer prior to obtaining the report. This includes but is not limited to having written consent prior to obtaining a credit report.
Prohibits salary history inquiry during hiring process PENDING: Effective July 1, 2018 – Per HB 294 Vermont prohibits employers from using or seeking past salary history. Per this law an employer may not: inquire or seek information regarding an applicant’s current or past compensation; require that past compensation level meet certain criteria; determine to interview an applicant based on past compensation. Scenarios not prohibited by this law: 1) asking applicants regarding their salary/benefit expectations; 2) providing applicants with information on employer’s salary and benefits; 3) if an applicant voluntarily provides past salary information, employer may verify this after offer of employment is made. This law applies to: wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.
State Public Employees – Ban-the-Box Provisions Per a 2015 Executive Order signed by the Governor, a policy of Ban the Box was instituted. Subsequently, inquires about criminal records have been eliminated from state employment applications. Criminal background checks cannot be conducted until an applicant has otherwise been determined to be qualified.
Use of credit report An employer shall not refuse to hire, recruit, discharge or otherwise discriminate on the basis of an individual’s credit report or credit history. Nor may an employer inquire about an applicant’s or employee’s credit unless:1)The report is required by state/federal law/regulation. 2)Individual will have access to confidential financial information of a commercial value obtained by specific authorization by the customer or client – normally handled by managers and those employees who must know the information to perform their job. 3) Financial institutions and credit unions. 4) Law enforcement. 5) Emergency medical personnel. 6) Firefighters. 7) Those with the financial fiduciary responsibilities regarding making payments, collecting debts, transferring money or entering into contracts. 8) Will have access to payroll information. 9) Where credit information is a “valid and reliable predictor of employee performance”.