The bill, H.261, would prohibit businesses from asking job candidates about their criminal background on the first application form โ with some exceptions for certain positions. Employers would be free to ask about prior convictions or arrests in subsequent application forms and interviews.
Job applications often include a checkbox requesting that candidates attest to whether they have ever committed a crime. Often, advocates say, employers automatically discard applications that have the box checked.
Proponents of the “ban the box” bill say eliminating that question from job application forms will give people who have a criminal record a better chance of finding employment.
Seven states have adopted laws that prohibit the use of the box in the first round of applications in the private sector.
Now, Vermontโs House General, Housing and Military Affairs Committee is on track to finalize the bill and vote it out of committee next week.
The legislation comes one year after Gov. Peter Shumlin issued an executive order to โban-the-boxโ on the first round of applications for jobs with the state.
Department of Human Resources Commissioner Marybeth Spellman told the committee that the stateโs implementation of the stateโs policy has gone smoothly so far.
โIt doesnโt prevent us from asking the question. We still do,โ Spellman said. โBut it doesnโt color the process.โ
The House General, Housing and Military Affairs Committee took testimony from more than a dozen witnesses last week.
Russ Bennett, founder and owner of NorthLand Visual Design & Construction, testified Thursday in support of the legislation.
Bennettโs Waitsfield-based company has worked on projects around Vermont. The company also spearheads the site design for major music events around the country, with a resume that includes Phishโs Coventry concert and the Bonnaroo music festival in Tennessee.
Bennett estimated that his company has employed thousands of people over the years. The company does not use a box, he said. Instead, the company hires people based on interviews.
Bennett said in his experience, a criminal history is not correlated to performance on the job.
โMany people who do not have any criminal background do not work out,โ Bennett told the committee. โAnd many people who do, do work out.โ
The specter of an arrest or conviction can have a long-term and devastating impact on people, Bennett said. A conviction handed down by a court may be for a short period of time, โbut youโre now getting a life sentence of poverty because you canโt get a job,โ he said.
Sue Bette, of Bluebird Barbecue in Burlington, told lawmakers that her business hasnโt been โa big โboxโ company.โ
Bette testified in favor of the legislation.
โBan the box does not create a way to hide a criminal record and does not prevent employers from conducting a background check,โ Bette said. โIt just gives applicants the opportunity to interview and share their story without being eliminated automatically based on prior criminal convictions.โ
While most witnesses spoke in favor of the proposal, there was some divergence on just how far the legislation should go.
Jim Harrison, president of the Vermont Retail and Grocers Association, said that the group has some concerns about the timeline for implementing the policy.
Businesses will already have a lot on their plate in the coming months in implementing paid sick leave, one of the Legislatureโs other big initiatives this session, Harrison said.
He urged lawmakers to delay the start date for the ban-the-box initiative by one year, to July 1, 2017.
As the bill was originally drafted the Vermont Retail and Grocers Association is neutral on the initiative, but Harrison said that the group may change its position depending on changes the committee makes in the next week.
Harrison fears alterations to the bill could open more possibility of litigation, and would make the system harder to navigate for employers.
He also spoke about concerns that for certain positions there could be a greater interest in knowing a candidateโs criminal history early on. Employers would be interested in knowing if a candidate for a job that involves handling money has a history of embezzlement or other money-related crimes, he told the committee.
The bill does provide for some exemptions. Employers could ask about a candidateโs criminal background in the first round of applications for certain positions if there is a federal or state law that automatically disqualifies people who have a conviction.
Rep. Tom Stevens, D-Waterbury, vice chair of the committee, said Thursday that the committee will resume discussion of the bill after the Town Meeting Day week recess.
The committee still needs to decide on some aspects of the bill, Steven said. Lawmakers will likely revisit what positions are exempted under the bill, and theyโll discuss the time period for implementing the bill.
โIn some respects itโs such a simple change,โ Stevens said, but he acknowledged that it could take some time to educate and support business owners to implement the โban-the-boxโ policy.
โWhat we see too often is we pass bills and it takes a while for people to figure them out,โ Stevens said.
