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Arrest & conviction record inquiries
Applies to private and public employers. Act No. 81.
Effective July 1, 2017, employers may not inquire about applicants’ criminal histories on an initial employment application, unless required to do so by law. Inquiries may be made during or following the initial interview. Employers who do perform inquiries must allow applicants who remain otherwise qualified to explain the circumstances of any convictions, including rehabilitation.
Employer immunity from disclosure claims
Both the federal and state requirements do not cover employer immunity from disclosure claims.
Credit history
Effective July 1, 2012, Vermont employers may not:
However, employers are exempt from this if:
Even if an employer is exempt, it still has restrictions under the law. Such an employer may not use an employee’s or applicant’s credit report or history as the sole factor in decisions regarding employment; compensation; or a term, condition, or privilege of employment. Additionally, if an exempt employer seeks to obtain or act upon an employee’s or applicant’s credit report or credit history, the employer must:
Contacts
Employer immunity from disclosure claims
Vermont Department of Labor and Industry
Arrest record inquiries
Vermont Attorney General’s Office, Civil Rights Unit
Conviction record inquiries
Vermont Attorney General’s Office, Civil Rights Unit
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None.
Conviction record inquiries
20 V.S.A. 2056c, Dissemination of criminal history records to employers
Credit history
Vermont Act 154 (21 V.S.A. 495i), Employment decisions based on credit information
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.