The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
006
:
FAIR EMPLOYMENT PRACTICES
(Cite as: 21 V.S.A. § 495j)
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§ 495j. Criminal history records; employment applications
(a) Except as provided in subsection (b) of this section, an employer shall not request
criminal history record information on its initial employee application form. An employer
may inquire about a prospective employee’s criminal history record during an interview
or once the prospective employee has been deemed otherwise qualified for the position.
(b)(1) An employer may inquire about criminal convictions on an initial employee application
form if the following conditions are met:
(A)(i) the prospective employee is applying for a position for which any federal or State
law or regulation creates a mandatory or presumptive disqualification based on a conviction
for one or more types of criminal offenses; or
(ii) the employer or an affiliate of the employer is subject to an obligation imposed by
any federal or State law or regulation not to employ an individual, in either one
or more positions, who has been convicted of one or more types of criminal offenses;
and
(B) the questions on the application form are limited to the types of criminal offenses
creating the disqualification or obligation.
(2) An employer shall be permitted to inquire about criminal convictions on an initial
employee application form pursuant to subdivision (1) of this subsection even if the
federal or State law or regulation creating an obligation for the employer or its
affiliate not to employ an individual who has been convicted of one or more types
of criminal offenses also permits the employer or its affiliate to obtain a waiver
that would allow the employer or its affiliate to employ such an individual.
(c) If an employer inquires about a prospective employee’s criminal history record information,
the prospective employee, if still eligible for the position under applicable federal
or State law, must be afforded an opportunity to explain the information and the circumstances
regarding any convictions, including postconviction rehabilitation.
(d) An employer who violates the provisions of this section shall be assessed a civil
penalty of up to $100.00 for each violation.
(e) As used in this section:
(1) “Criminal history record” has the same meaning as set forth in 20 V.S.A. § 2056a.
(2) “Employee” has the same meaning as set forth in section 495d of this chapter.
(3) “Employer” has the same meaning as set forth in section 495d of this chapter. (Added 2015, No. 81 (Adj. Sess.), § 1, eff. July 1, 2017.)