Executive Order No. 3-67 (No. 03-15) [Ban the Box Hiring Policy]
WHEREAS, Vermonters with criminal records suffer from discrimination in many areas
of life, including employment opportunities;
WHEREAS, state government is committed to modeling fair hiring practices for all Vermont
employers;
WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter
their communities due to lack of employment and self-sufficiency;
WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute
and a desire to add value to their communities;
WHEREAS, studies indicate that stable employment is one of the best predictors of
post-conviction success;
WHEREAS, employment of those with criminal records promotes public safety and cost-containment
by significantly reducing the risk of recidivism and incarceration;
WHEREAS, a “ban the box” hiring policy increases the opportunity of applicants with
criminal records to explain their circumstances while preserving employers’ ability
to ultimately conduct a criminal background check as part of the hiring process;
WHEREAS, such a policy removes questions related to a job applicant’s criminal record
in the initial stage of many employment applications, thereby preventing the conviction
from serving as an immediate reason for screening out an applicant when the conviction
may have little or no bearing on the work to be performed;
WHEREAS, states across the country have adopted hiring practices to remove unfair
barriers to employment of people with criminal records; and
WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance
with federal anti-discrimination law, recommends delaying inquiry of a job applicant’s
conviction history and considering the job-relatedness of the conviction.
NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested
in me as the Governor of the State of Vermont, do hereby order and direct that the
Department of Human Resources create and implement a “ban the box” hiring policy that
encourages job applications from all motivated, hardworking, and otherwise qualified
people, regardless of a person’s criminal record. Such a policy shall provide qualified
applicants the opportunity to explain a criminal record when applying for state positions,
but shall not affect positions for which a criminal conviction makes a candidate ineligible
regardless of the circumstances.
This Executive Order shall take effect upon signing.
Dated April 21, 2015