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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Effective January 1, 2017, both public and private employers are prohibited from inquiring about arrest and conviction history information on an initial employment application, unless required by state or federal law, or a security or fidelity bond or an equivalent bond is required for the position. Prior convictions for which the prospective employee received a provisional pardon or certificate of rehabilitation cannot be the sole basis for discharge. Employers may not inquire about erased records at any time.
Prior legislation prohibited certain state employers from asking about a prospective employee’s past convictions until the person had been deemed otherwise qualified for the position.
Employer immunity from disclosure claims
In Connecticut, an employer/former employer may give a truthful statement of facts about an employee/former employee. However, blacklisting an employee in order to prevent that employee from obtaining or keeping employment is a crime. Also, with some exceptions, an employer may not keep, or subscribe to an entity that provides, information about a person’s character, skills, actions, or affiliations, if that information may affect that person’s ability to obtain or keep employment.
State
Contacts
Employer immunity from disclosure claims
Connecticut Department of Labor
Arrest record inquiries
Connecticut Commission on Human Rights and Opportunities
Connecticut Department of Labor
Conviction record inquiries
Connecticut Commission on Human Rights and Opportunities
Connecticut Department of Labor
Regulations
Employer immunity from disclosure claims
Connecticut General Statute 31-51, Blacklisting
Connecticut General Statute 31-105, Unfair labor practices
Connecticut General Statute 31-134, Information agencies; records inspection
Arrest record inquiries
Connecticut General Statute 31-51i, Employer inquiries about erased criminal records prohibited. Discrimination on the basis of erased criminal records prohibited. Erased and nonerased criminal records on employment application forms
Connecticut General Statute 46a-79, State policy re employment of criminal offenders
Connecticut General Statute 46a-80, Denial of employment based on prior conviction of crime. Dissemination of arrest record prohibited
Conviction record inquiries
Connecticut General Statute 31-51i, Employer inquiries about erased criminal records prohibited. Discrimination on the basis of erased criminal records prohibited. Erased and nonerased criminal records on employment application forms
Connecticut General Statute 46a-79, State policy re employment of criminal offenders
Connecticut General Statute 46a-80, Denial of employment based on prior conviction of crime. Dissemination of arrest record prohibited
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.