Vermont S 90: An act relating to establishing incentives for early learning professionals and improving access to child care

Bill Text

BILL AS INTRODUCED S.90
2025 Page 1 of 8

VT LEG #379374 v.1
S.90 1
Introduced by Senator Vyhovsky 2
Referred to Committee on 3
Date: 4
Subject: Labor; employment practices; criminal history checks; credit checks; 5
drug testing 6
Statement of purpose of bill as introduced: This bill proposes to prohibit 7
employers from conducting criminal history checks, credit checks, and drug 8
testing in relation to employees and prospective employees unless there is a 9
direct relationship between the information sought and the employee or 10
prospective employee’s job. 11
An act relating to employee privacy protections 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 21 V.S.A. § 495i is amended to read: 14
§ 495i. EMPLOYMENT BASED ON CREDIT INFORMATION; 15
PROHIBITIONS 16
* * * 17
(b) An employer shall not: 18
(1) fail or refuse to hire or recruit, discharge, or otherwise discriminate 19
against an individual with respect to employment; compensation; or a term, 20

BILL AS INTRODUCED S.90
2025 Page 2 of 8

VT LEG #379374 v.1
condition, or privilege of employment because of the individual’s credit report 1
or credit history; or 2
(2) inquire about an applicant’s or employee’s credit report or credit 3
history. 4
(c)(1) An employer is exempt from the provisions of subsection (b) of this 5
section if one or more of the following conditions are met: 6
(A) The information is required by State or federal law or regulation. 7
(B) The position of employment involves access to confidential 8
financial information. 9
(C) The employer is a financial institution as defined in 8 V.S.A. 10
§ 11101(32) or a credit union as defined in 8 V.S.A. § 30101(5) and the 11
employer can demonstrate that the information has a direct relationship to the 12
job duties of the specific position of employment. 13
(D) The position of employment is that of a law enforcement officer 14
as defined in 20 V.S.A. § 2351a, emergency medical personnel as defined in 15
24 V.S.A. § 2651(6), or a firefighter as defined in 20 V.S.A. § 3151(3). 16
(E) The position of employment requires a financial fiduciary 17
responsibility to the employer or a client of the employer, including the 18
authority to issue payments, collect debts, transfer money, or enter into 19
contracts. 20

BILL AS INTRODUCED S.90
2025 Page 3 of 8

VT LEG #379374 v.1
(F) The employer can demonstrate that the information is a valid and 1
reliable predictor of employee performance in the specific position of 2
employment and has a direct relationship to the job duties of the specific 3
position of employment. 4
(G) The position of employment involves access to an employer’s 5
payroll information and the employer can demonstrate that the information has 6
a direct relationship to the job duties of the specific position of employment. 7
(2) An employer that is exempt from the provisions of subsection (b) of 8
this section may not use an employee’s or applicant’s credit report or history as 9
the sole factor in decisions regarding employment; compensation; or a term, 10
condition, or privilege of employment. 11
* * * 12
(e) An employer shall not discharge or in any other manner discriminate 13
against an employee or applicant who has filed a complaint of unlawful 14
employment practices in violation of this section or who has cooperated with 15
the Attorney General or a State’s Attorney in an investigation of such practices 16
or who is about to lodge a complaint or cooperate in an investigation or 17
because the employer believes that the employee or applicant may lodge a 18
complaint or cooperate in an investigation The provisions against retaliation in 19
subdivision 495(a)(8) of this subchapter shall apply to this section. 20
* * * 21

BILL AS INTRODUCED S.90
2025 Page 4 of 8

VT LEG #379374 v.1
Sec. 2. 21 V.S.A. § 495j is amended to read: 1
§ 495j. CRIMINAL HISTORY RECORDS; EMPLOYMENT 2
APPLICATIONS 3
(a) Except as provided in subsection (b) of this section, an employer shall 4
not request criminal history record information on its initial employee 5
application form nor inquire about an applicant’s criminal history during a job 6
interview. An employer may only inquire about a prospective employee’s 7
criminal history record during an interview or convictions or recent arrests that 8
have not yet been judicially adjudicated under this subsection once the 9
prospective employee has been deemed otherwise qualified for the position 10
receives a conditional offer of employment and the inquiry has a direct 11
relationship to the job duties of the specific position. If the information 12
provided has a direct relationship to the job duties of the specific position, the 13
employer may withdraw the conditional offer of employment. In considering 14
whether the provided information has a direct relationship to the job duties of 15
the specific position, the employer shall consider: 16
(1) the job duties of the specific position; 17
(2) the nature and gravity of t