There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Vermont, employers must comply with laws concerning criminal background checks.
Childcare. Any individual employed by a childcare facility must submit to a criminal background check, including a check of the child abuse registry (VT Stat. Tit. 33 Sec. 3502; VT Admin. Code Sec. 13-171-004).
Private investigative and security services. Employees working for licensed private detectives or security guards may be required to submit to a criminal background check (VT Stat. Tit. 26 Sec. 3176).
Schools. It is the policy of the state of Vermont to use criminal record checks to deter abuse and exploitation of school children and to do so in a manner that protects, as much as practicable, the privacy of those subject to the checks.
Public school districts and approved Vermont independent schools and ...