November 28, 2021

Volume XI, Number 332

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Reminder: Vermont ‘Ban the Box’

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 P.C. © 2021National Law Review, Volume VII, Number 203
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About this Author

Principal

Martha Van Oot is a Principal in the Portsmouth, New Hampshire, office of Jackson Lewis P.C. A former prosecutor in the New Hampshire Attorney General’s Office, she has extensive trial experience in state and federal court with an emphasis on employment and commercial litigation, including the defense of discrimination, wage and hour and wrongful termination claims, the enforcement of non-competition and trade secret agreements, and business tort litigation.

Ms. Van Oot has argued numerous cases before the New Hampshire...

603-559-2735
Susan M. Corcoran, Jackson Lewis, fair credit reporting lawyer, Labor Policy Attorney
Principal

Susan M. Corcoran is a Principal in the White Plains, New York, office of Jackson Lewis, P.C. Ms. Corcoran is a seasoned employment counselor and litigator and is often thought of as the “go to” person on national workplace law issues for her clients.

She is one of the leaders of the firm’s Background Check Resource Group, and serves as a resource on fair credit reporting act issues, as well as “ban the box” strategies. She taught a graduate employment law class for many years at Manhattanville College and frequently speaks...

914-872-6871
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
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