Vermont Governor Peter Shumlin has signed
H.261 establishing Ban the Box in that state. The law goes into effect on July 1, 2017.
This version of the Ban the Box law is slightly different from most states. In Vermont, the law prohibits asking job applicants to check the box asking about any convictions on the job application. However, the employer can ask about any criminal records during the interview or when the applicant is deemed qualified for the position rather than waiting until a job offer has been extended.
The employer must "afford the applicant an opportunity to explain the information and circumstances regarding any convictions including post-conviction rehabilitation" if they don't hire the applicant due to their background search. This is usually done through the pre-adverse action letter.
The law excludes companies where a federal or state law or regulation creates a mandatory disqualification based upon specific types of convictions. Questions on the application must be limited to those offenses that will disqualify the individual per law or regulation.
