Vermont Selection and Testing laws & HR compliance analysis

Vermont Selection and Testing: What you need to know

The Vermont Fair Employment Practices Act prohibits discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, age, or disability unless a bona fide occupational qualification (BFOQ) exception applies. In addition, employers are prohibited from printing, publishing, or circulating any job notice or advertisement indicating a discriminatory preference, limitation, or specification, unless the preference, limitation, or specification is based on a BFOQ. The Act applies to all employers (VT Stat. Tit. 21 Sec. 495 et seq.).
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Criminal history. Effective July 1, 2017, the 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 Sec. 495(j)).
If an employer inquires about an applicant’s criminal history record information, the applicant, if still eligible for the position under applicable federal or state law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including postconviction rehabilitation.
Credit history. Subject to certain exceptions, the Act prohibits employers from inquiring about an applicant's or employee's credit history and prohibits the use of credit checks in making employment decisions (VT Stat. Tit. 21 Sec. 495i).
Genetic information. A separate law prohibits employers from discriminating on the basis of genetic test results or genetic information. The law applies to all employers (VT Stat. Tit. 18 Sec. 9331 et seq.).
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