Connecticut Bans the Box

June 24th, 2016

On June 1st Connecticut Governor Dannel Malloy signed bill House Bill NO. 5237 to “ban the box.” The new law will prohibit employers in Connecticut from asking on an initial job application if an applicant has a criminal record.

The law affects all employers with two exceptions:

  1. The employer is required to inquire about a criminal history under Federal or State Law
  2. A Security or fidelity bond or equivalent is required for the position that the person is seeking

If an employer is allowed to ask about a criminal history on the application they must also have the following notices.

  1. That the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a.
  2. That criminal records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon.
  3. Any person whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

Any applicant or prospective applicant may file a complaint with the labor commissioner alleging an employer’s violation.

The new law will take effect on January 1st, 2017. The full text of the bill can be found here

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB-5237

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