Local businesses sound off on ‘Ban the Box’ legislation

A new Vermont law that will prevent employees from asking about criminal records on a first job application will give those with criminal records “a fair chance,” according to a press release issued this week by the office of Gov. Peter Shumlin.


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‘Ban the box’ bill becomes law in Vermont

MONTPELIER – May 3, 2016 – In order to help people with criminal convictions find employment and build successful lives, Gov. Peter Shumlin has signed a bill to remove questions about criminal records from the very first part of job applications in Vermont. “Banning the box” will give those with criminal records a fair chance at a good job and reduce the risk of recidivism and incarceration. The law follows a 2015 Executive Order signed by Gov. Shumlin to implement a “ban the box” hiring policy for state jobs.

The bill (H.261), prohibits employers from asking questions about prior criminal convictions on an initial job application, allowing applicants to be judged on their work history and qualifications rather than on a mistake made in their past. Employers will still be allowed to ask questions in later stages of the hiring process and the law provides exemptions for certain positions where a criminal conviction would automatically disqualify an applicant due to state or federal law.

“Too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment. Banning the box is all about breaking down barriers and giving those Vermonters who have paid their debt to society a fair chance at finding a good job,” Gov. Shumlin said. “Nobody wins when Vermonters are trapped in a cycle of unemployment and incarceration.”

Just last week, President Obama signed a Presidential Memorandum promoting the rehabilitation and reintegration of individuals, crediting lack of opportunity for those with criminal records with decreased public safety and higher costs to taxpayers. The President directed federal agencies to adopt “ban the box” hiring practices and called on agencies to review and revise procedures for evaluating an applicant’s criminal record.

Christopher Curtis, Co-Chair of the Governor’s Pathways from Poverty Council and Attorney at Vermont Legal Aid, has made “Ban the box” hiring policies a priority.

“This legislation will allow many qualified workers to get a foot in the door to employment – it’s a fair shake and a second chance for many applicants who might otherwise find their applications in the recycle bin as a result of a prior conviction. This only results in Vermonters not being able to keep their housing or meet other important obligations,” said Curtis. “Ban the box’ can help open up new job opportunities for Vermonters.”

The National Employment Law Project estimates 70 million American adults have arrests or convictions in their past that can make it difficult for them to obtain employment. A U.S. Labor Department survey found that an arrest early in life, regardless of whether convicted, can have significant negative effects on future prospects. According to the survey, being arrested and convicted by age 23 makes a person 11 percent less likely to own a home and 13 percent more likely to live below the poverty line by age 25. Those arrested and convicted before 23 also are less likely to graduate high school and move onto college, according to the survey.

Gov. Shumlin has made creating a fairer, more effective criminal justice system a priority. He launched a War on Recidivism and expanded Vermont's expungement laws, which have helped reduce Vermont's prison population to its lowest level since the early 2000s. Under The Governor also fought for a comprehensive pre-trial services law designed to bypass the court process for those people addicted to drugs and who can be safely treated in a community setting. And he has worked with Chittenden County State’s Attorney TJ Donovan on two pilot Driver Restoration Days that have helped hundreds of Vermonters get their licenses reinstated.

Vermont is the seventh state to implement a state-wide ‘ban the box’ law that applies to both state and private employers.

2016-05-12 / Front Page Local businesses sound off on ‘Ban the Box’ legislation By Tory Jones Bonenfant toryb@eagletimes.com A new Vermont law that will prevent employees from asking about criminal records on a first job application will give those with criminal records “a fair chance,” according to a press release issued this week by the office of Gov. Peter Shumlin. A handful of local business owners in the Great Falls and Springfield areas weighed in on the matter on Tuesday, May 10. Garin Clough, owner of the family-owned Community Feed Store on U.S. Route 123 in Westminster Station, said that it would “absolutely matter” if that information was not included when someone first applied for a job. “I’d want to know, before you go through the hiring process,” he said. Clough said he runs a small family business and that his children are often in the store. “I wouldn’t want to inadvertently hire a sex offender,” he said. “I think that [box indicating prior criminal record] is an important thing.” He also mentioned that he has had people lie on job applications, indicating they had no prior criminal record when he knew they had recently been released from a correctional facility. “Society needs to stop feeling sorry for these people,” he said. The bill, H. 261, dubbed “Ban the Box,” passed the House and Senate on April 21 and was signed into law on May 3 by the governor. It prohibits employers from asking questions about prior convictions on an initial job application, allowing participants to be “judged on their work history and qualifications rather than on a mistake made in their past,” according to the governor’s office. Employers may still ask those types of questions in later stages of the hiring process. The law also provides exemptions for “certain positions” where a criminal conviction would automatically disqualify a job applicant, due to state or federal law, according to that press release. The law would also “reduce the risk of recidivism and incarceration,” according to the press release. It follows an Executive Order that the governor signed in 2015 to implement a “Ban the Box” hiring policy for state jobs. In Rockingham, John Marston, who co-owns Leslie’s Tavern and A Thyme to Cook with his wife, said that he has hired “hundreds, maybe thousands” of employees over several decades, and was not concerned about the change to the hiring law. Marston said he and his wife hire a lot of local youth because they run a small operation. “We do pretty extensive background checks, and check numerous references,” Marston said. However, Marston said he once had a well-dressed applicant who interviewed for a kitchen position and got the job. A few days later, police showed up and took that employee into custody on serious charges. One problem that exists now, he said, is that some people will not provide information because they are fearful. “But if you know how to interview correctly, you can get a sense,” he said. In Windsor, a restaurant owner, who declined to give her name, said on Tuesday that she did not fully understand the wording of the bill, but that it probably would not affect her business because only her family members work in the restaurant. Deborah Carbin, executive director of the Great Falls Regional Chamber of Commerce (GFCOC), said on Wednesday that she has not heard from Chamber members that the new law is an issue for them, “as of yet.” She said she will share information about the new law in the GFCOC’s next newsletter in June. “Maybe after that, I’d get some feedback,” she said. Caitlin Christiana, executive director of the Springfield Regional Chamber of Commerce, also said that as of Wednesday afternoon, she had not heard any complaints from Chamber members. “Too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment,” Shumlin said in the press release. “Banning the box is all about breaking down barriers and giving those Vermonters who have paid their debt to society a fair chance at finding a good job. “Nobody wins when Vermonters are trapped in a cycle of unemployment and incarceration,” he added. Shumlin said that Christopher Curtis, co-chair of the governor’s Pathways from Poverty Council and an attorney with Vermont Legal Aid, has “made ‘Ban the Box’ hiring policies a priority,” according to the press release. The governor called the legislation a “fair shake and a second chance” for Vermont job applicants with prior convictions. Vermont is the seventh state to implement the statewide law on hiring policy that applies to both private and state employers.