We regularly revise this summary of Vermont’s background check regulations and ban-the-box policies. However, legal statutes frequently undergo modifications, and we cannot assure the currency of all details. It’s advisable to seek legal counsel from your attorney for accurate guidance.
FCRA
DISTRICT LAWS
BAN-THE-BOX
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Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA), established by the federal government, serves to establish a benchmark for hiring practices. It oversees and safeguards the interests of both employers and job applicants.
State Laws
21 V.S.A 495i Employment Based on Credit Information
Our Take: In Vermont, an employer is prohibited from soliciting a credit report from a job applicant or existing employee unless mandated by law, the candidate holds a first responder role, the position necessitates financial fiduciary responsibility to the employer or a client, the data serves as a reliable predictor of employee performance, or the role entails access to payroll data. Even if an employer is legally entitled to obtain credit information belonging to an applicant or employee, they cannot rely solely on this information to make employment decisions.
21 V.S.A. 495i(d)(1) and (3)
Our Take: For every instance where an employer seeks an applicant’s or employee’s credit information, they must secure fresh consent. The purpose behind the credit report request must be clearly stated in written form. Moreover, the employer is prohibited from compelling the applicant or employee to bear the expenses associated with obtaining the credit report.
VSA 2056c(c)(10)
Our Take: If an employer requests criminal records from the Vermont Crime Information Center, they are not permitted to demand payment from the applicant or employee for their production.
Ban-The-Box & Fair Hiring Laws
STATE LAWS — PUBLIC AND PRIVATE COMPANIES
Who must follow: This ban-the-box law applies to all employers doing business in or operating in Vermont.
Timing of inquiry: In Vermont, employers are only allowed to inquire about an individual’s criminal history during an interview or once the prospective employee has been determined to be “otherwise qualified” for the position.