Connecticut Bans the Box for Private and Public Employers, Effective January 1, 2017

On June 1, 2016, Connecticut Governor Dannel Malloy signed a Ban the Box Bill into law that will prohibit most employers in the state with one or more employees from requiring job seekers to disclose any criminal history such as prior arrests, criminal charges, or convictions on initial job applications. Employers still may make criminal background inquiries later in the hiring process, either during the interview process or contingent upon an offer.

The Connecticut Ban the Box law takes effect on January 1, 2017.

 The key provisions are as follows:

• No employer shall inquire about a prospective employee’s 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.
• Any violation of this rule is subject to a complaint filed with the Labor Commissioner, but not a lawsuit.

Recommended Actions in Preparation for January 1, 2017:

• Review job applications for impermissible inquiries regarding criminal records.
• Review your hiring and interview policies and processes. Revise them to delay inquiry into criminal history until AFTER initial employment application.
• Train all individuals involved in recruitment, hiring, and interviewing, to comply with the requirements of this law.  

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