New Employment Law In Connecticut

New Employment Law In Connecticut Restricts Inquiry Into Candidate Criminal History Early In The Employment Process.

By Benjamin P. Michaelson

For those of you that own or operate a business in Connecticut, learning how to comply with new business regulation is an old hat (that you need to go find and put back on). This one may require you to change your interview and hiring process. On June 1 the Governor signed a bill that prohibits most employers from requesting criminal history information on initial employment applications.

 Connecticut’s ban-the-box law limits an employer’s ability to inquire about criminal history on the employment application starting on January 1, 2017.

The law applies to any employer with one or more employees. As drafted, it appears to limit the restriction to employment hires, not the engagement of independent contractors (which is another whole compliance issue of worker classification). Employers are prohibited from seeking information about prior arrests, criminal charges, or convictions from applicants as part of the initial employment application. However, this restriction does not apply when (a) an employer is obligated pursuant to a federal or state law to ask about such criminal history for the position being applied for; or (2) the position requires a security, fidelity, or equivalent bond; provided that specific written notices are being provided to the applicant.

Practically speaking, this means that you cannot require any job applicant, either in an application or an initial interview, to answer question related to arrests, criminal charges, or convictions except for the two exuded reasons above, in which case the required notices must be provided. Connecticut’s statute appears to permit such an inquiry into criminal matters only after the initial employment contacts are complete, but does not seem to prohibit other types of inquiries, such as criminal background checks, at the job application stage.