Closeup of male hand pointing where to sign a contractIf you have not already done your “Ban the Box” revisions to your initial employment application paperwork there is still time, but do not delay!  Effective January 1, 2017 Connecticut prohibits employers from asking about a prospective employee’s prior arrests, criminal charges or convictions on an initial employment application unless: (1) the employer must do so under state or federal law, or (2) the prospective employee is applying for a position for which the employer must obtain a security or fidelity bond or the equivalent.  The failure to comply comes with a potential cost as violators can be fined $300 per violation by the Department of Labor.

After the initial hiring step, you can ask about criminal records, but must do so recognizing that the restrictions that existed before now apply at the next step in the hiring process.  That means that you may not require an employee or job applicant to disclose an arrest, criminal charge, or conviction, the records of which have been erased under certain conditions or where the employee has received a provisional pardon or certificate of rehabilitation. It also requires you to comply with certain requirements related to the confidentiality of a job application’s criminal history section.

Our advice – be sure your initial employment application will “ban the box” by January 1, 2017.  After that stage of your application process you can ask about criminal convictions, but you must still advise applicants they are not required to disclose an arrest, criminal charge, or conviction of which the records have been erased under certain conditions.

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Photo of Gary S. Starr Gary S. Starr

Gary Starr provides practical advice to a wide range of clients in the private and public sector, bringing over 30 years of experience to counseling clients in traditional labor relations matters as well as human relations problems. His experience helps clients avoid the…

Gary Starr provides practical advice to a wide range of clients in the private and public sector, bringing over 30 years of experience to counseling clients in traditional labor relations matters as well as human relations problems. His experience helps clients avoid the “big mistakes” as well as the day-to-day hassles. Gary also defends employers in state and federal courts, regularly appearing before judges, juries, and administrative agencies. He provides strategic and creative approaches to difficult employee issues, seeking practical solutions and aggressively litigating where and when necessary.

Photo of Henry J. Zaccardi Henry J. Zaccardi

Henry Zaccardi represents public and private employers and non-profit organizations in all aspects of labor relations and employment law. This includes personnel policies and practices, Freedom of Information Act issues, wage and hour disputes, drug and alcohol testing, family and medical leave, equal…

Henry Zaccardi represents public and private employers and non-profit organizations in all aspects of labor relations and employment law. This includes personnel policies and practices, Freedom of Information Act issues, wage and hour disputes, drug and alcohol testing, family and medical leave, equal employment opportunity and affirmative action, occupational health and safety and related matters and regulatory compliance.