Gov. Peter Shumlin signs the “ban the box” bill Tuesday afternoon in his ceremonial office. Photo by Jasper Craven/VTDigger
Gov. Peter Shumlin signed into law a “ban the box” bill Tuesday that prohibits private sector employers from inquiring about a job candidate’s criminal history in the first round of applications.
“If you have a criminal record, we want to give a chance after you have served your time, after justice has been served,” Shumlin said. “There’s no reason why you can’t return to the workforce as a productive member of Vermont’s society.”
Supporters’ rallying cry of “ban the box” refers to the check box on many job applications asking about a criminal history.
Shumlin’s signing makes Vermont the seventh state to ban the practice, and it follows a 2015 executive order from the governor removing the question when hiring state employees.
The law applies only to the first round of applications; potential employers can ask for that information in interviews and subsequent applications. The law also does not restrict employers from conducting background checks.
The law, set to go into effect July 1, will fine employers $100 for each violation.
The bill, H.261, saw little pushback in its journey through the House and Senate, though some legislators argued the ban could hinder hiring practices.
The legislation gained support from a number of business organizations, including the Main Street Alliance and Vermont Businesses for Social Responsibility.
Mickey Wiles, the chief financial officer of Burlington Labs, said the drug testing company has hired a number of convicted criminals, all of whom have served as effective employees.
Wiles, who described his own path toward recovery and noted he had been convicted of a felony, said the second chance he got at Burlington Labs was life-changing.
“I had a really tough road at being able to re-establish myself after I came out of a two-year federal prison stint,” Wiles said. He added that his job allowed him to “return to society and be successful at running and managing a business.”
The National Employment Law Project estimates that nearly 1 in 3 adults have a prior arrest or conviction that can potentially harm job prospects.
The bill comes as part of the governor’s “War on Recidivism,” a set of policies the administration says has lowered the state’s incarceration rate to the lowest in more than a decade. The largest pillar of that effort has been to offer drug treatment to addicts who otherwise would have served time.
Democratic State’s Attorney TJ Donovan, who’s running for attorney general, hailed the bill’s passage as a good step in making Vermont a better place to live and work.
“The governor and I both believe that the best form of public safety is a good job,” Donovan said. “And banning the box is a giant step forward in leveling the playing field for all Vermonters. This just makes sense.”
Similar efforts to improve employment practices are taking place nationally. Last week, President Barack Obama issued a memo outlining proposed rules regarding questions about criminal history during the application process for all federal government jobs.
In addition, the Federal Interagency Reentry Council works to help reintegrate people into communities after prison.
The Obama administration has also urged Congress to pass “ban the box” legislation, though no meaningful action has taken place.
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