Vermont Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Vermont Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Vermont Fair Employment Practices Act (FEPA) prohibits employers from printing, publishing, or circulating any employment advertisement that indicates any preference, limitation, or discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age, or physical or mental condition, unless based on a bona fide occupational qualification (BFOQ) (Vt. Stat. tit. 21, § 495 et seq.). As a general rule, an employer will violate the Act by asking questions about any of these characteristics, either on an application form or in a job interview. The law applies to all employers in the state. More information is available at the Vermont discrimination section.
Acquired immunodeficiency syndrome (AIDS). The FEPA prohibits employers requesting or requiring a test for the human immunodeficiency virus (HIV) virus as a condition of employment or from discriminating based on an individual's positive test result (Vt. Stat. tit. 21, § 495(5), (6)).
Other inquiries. The FEPA also restricts inquiries about an applicant’s criminal history, credit history, and salary history. More information is available at the Vermont hiring section.
Criminal history.The Vermont Fair Employment Practices Act prohibits an employer from asking about an applicant’s criminal history record on its initial job application form. An employer may inquire about an applicant’s criminal history record during an interview or once the applicant has been deemed otherwise qualified for the position (Vt. Stat. tit. 21, § 495(j)). If an employer inquires about an applicant’s criminal history record information, the applicant, if still eligible for the position under ...

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