Executive Order No. 3-67

(No. 03-15)

[Ban the Box Hiring Policy]

WHEREAS, Vermonters with criminal records suffer from discrimination in many areas of life, including employment opportunities;

WHEREAS, state government is committed to modeling fair hiring practices for all Vermont employers;

WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment and self-sufficiency;

WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute and a desire to add value to their communities;

WHEREAS, studies indicate that stable employment is one of the best predictors of post-conviction success;

WHEREAS, employment of those with criminal records promotes public safety and cost-containment by significantly reducing the risk of recidivism and incarceration;

WHEREAS, a "ban the box" hiring policy increases the opportunity of applicants with criminal records to explain their circumstances while preserving employers' ability to ultimately conduct a criminal background check as part of the hiring process;

WHEREAS, such a policy removes questions related to a job applicant's criminal record in the initial stage of many employment applications, thereby preventing the conviction from serving as an immediate reason for screening out an applicant when the conviction may have little or no bearing on the work to be performed;

WHEREAS, states across the country have adopted hiring practices to remove unfair barriers to employment of people with criminal records; and

WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant's conviction history and considering the job-relatedness of the conviction.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as the Governor of the State of Vermont, do hereby order and direct that the Department of Human Resources create and implement a "ban the box" hiring policy that encourages job applications from all motivated, hardworking, and otherwise qualified people, regardless of a person's criminal record. Such a policy shall provide qualified applicants the opportunity to explain a criminal record when applying for state positions, but shall not affect positions for which a criminal conviction makes a candidate ineligible regardless of the circumstances.

This Executive Order shall take effect upon signing.

Dated April 21, 2015