Vermont Business Magazine The House overwhelmingly supported the so-called Ban the Box (H261, An act relating to criminal record inquiries by an employer) bill and sent it to the Senate today. The roll call vote on Thursday was 138-5 with six absent. The "box" refers to a check box that sometimes appears on employment applications that asks if the applicant has a criminal record. The bill stipulates that an employer can ascertain that information as the hiring process moves along, but not on the initial application.
H261 states that, “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.”
Following the vote, Vermont House Speaker Smith said: “The House’s vote to ban the box is a vote for compassion, redemption, and opportunity. The current policy of screening for criminal histories in preliminary job applications puts a barrier in the way of successfully finding employment. This bill eliminates the practice so employers can focus their hiring decisions on an applicant’s potential, not their past. By removing this wall, Vermonters will have more opportunities to succeed. I am proud that the House has advanced this important measure.”
However, the National Federation of Independent Business said the small business community is "reeling from yet another impending regulation."
“It’s incredibly sad that lawmakers feel the need to do everything in their power to regulate small business owners in Vermont even after being repeatedly warned that over regulation will drive businesses out of our state,” said NFIB Vermont Representative Kris Jolin on Friday. “Today we have them attempting to control the interviewing practices of employers. Instead of encouraging hiring, they’re creating an unnecessary road block and interfering with the day to day operation of small businesses.”
Jolin said support for ban-the-box laws comes from advocates of ex-prisoners who believe former criminals don’t stand a chance of integrating back into society if they’re shadowed by past convictions.
“Our members are burdened with concern over workplace security and liable for the safety of their existing employees," Jolin. "It’s bad enough that in Vermont we are subject to damaging policies that make operating a small business more and more challenging every session. Shouldn’t our Mom and Pop stores be able to ensure the security of their businesses, if nothing else?”
Representative Tom Stevens (D-Waterbury0 said on the floor Thursday in support of the bill: "Let’s remember that this bill is meant to provide Vermonters who have made a mistake and paid their debt to society an opportunity to maintain their rehabilitation by becoming normal again. Applying for a job and maybe – just maybe – landing that job is an important part of the stability needed to re-enter society. Removing the box seems a small thing to those of us who don’t have a criminal record, but it can be a lifesaver to those who do.”