- Applies to all public and private employers.
- Employer may not inquire about criminal history on a job application.
- Public employers have legislation from 2010 that imposes additional assessment and adverse action requirements in addition to this new legislation.
Who does this effect?
The law applies to employers with one or more employees.
When does this go into effect?
Connecticut’s Ban the Box law goes into effect January 1, 2017.
What is included in the law?
An employer must not inquire about prior arrests, criminal charges or convictions on an initial employment application unless (1) the employer is required to do so by an applicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment. An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice, in clear and conspicuous language, that:
- Applicants are not required to disclose the existence of arrest records, or any criminal charge or conviction records which have been erased.
- Criminal records subject to erasure pertain to a finding a delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a dismissed, nolled, or not guilty criminal charge, or a pardoned criminal conviction.
- Any person whose criminal records have been erased shall be deemed to have never been arrested.
Can employers still consider and take adverse action based on an applicant’s criminal history?
This new law may impact your current adverse action procedures. We recommend reviewing the law to determine what changes, if any, may be necessary when your company is considering an adverse decision.
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For more information regarding recent legislative changes in other states and jurisdictions, visit our Legislative Updates page.
*Please note: Accurate prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. Accurate does not warrant any statements in these materials. Employers should direct questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply, to their own legal counsel.