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Connecticut State Employment Laws

The state of Connecticut has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.

RestrictionExplanation
Ban-the-Box: Use of criminal record only after an applicant meets minimum employment qualificationsThis became effective on January 1, 2017. Basically, this is a pure Ban-the-Box law as it simply prohibits inquiring about a prospective employee’s prior arrests, criminal charges or convictions on an initial employment application. The law does not contain any guidance as to where or how an employer can pursue the inquiry into criminal records. Evidentially there are no restrictions after the application is completed.

See the statute here for more information.

Notable Exceptions: There are two exceptions: (1) Employers required to obtain criminal record information by applicable state or federal law; and (2) A job that requires a security or fidelity bond. The new law then becomes confusing because it provides that if an employment application has any question concerning criminal history, an elaborate notice must be provided to the applicant. Does this supersede the prohibition or does this only apply to the two exceptions? This is not spelled out.
Certificates of RehabilitationAn employer may not consider a conviction where the applicant has received a certificate of rehabilitation for that conviction.

See the statute here for more information.
Prohibits salary history inquiry during the hiring processEffective January 1, 2019 - Employers are prohibited from inquiring about an applicant's past salary, per §31-40z. Connecticut Gen. Stat.
Ban-the-Box: State Public EmployeesFOR PUBLIC EMPLOYERS ONLY: An employer, per section 5-270, may not inquire about a prospective employee's past convictions until the prospective employee has been deemed otherwise qualified for the position. Records of arrest, which are not followed by a conviction, or records of convictions, which have been erased, may not be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration.

See the statute here for more information.
Use of arrest record with no convictionState agencies may not deny employment for arrests that did not result in a conviction.

See the statute here for more information.
Use of Credit ReportEmployers may only request a credit report if such is substantially related to a current job or potential job. This is known as Public Act 11-223. The law cited is Conn. Gen. Stat. §Sec. 31-51tt - (Employer inquiries about an employee’s or prospective employee’s credit.)

See the statute here for more information.

Notable exceptions: There exceptions are 1) Entity registered with the Security and Exchange Commission: and 2) Mortgage broker, licensed mortgage lender or mortgage servicing company.
Use of Social Media Password InformationEffective October 1, 2015, employers in Connecticut are restricted from requesting or requiring access to the personal online accounts of applicants and employees. A "Personal online account" is defined as any online account used by an employee or applicant exclusively for personal purposes and unrelated to any business purpose of such employee's or applicant's employer or prospective employer, including, but not limited to, electronic mail, social media and retail-based Internet web sites.

See the statute here for more information.

Notable exceptions: The law does not prohibit an employer from viewing and using publicly available social media information.
Use or inquiry of sealed, expunged, pardoned or erased recordsThe following statement must appear on the application form: "An employer may not require an employee or applicant to disclose erased records or deny employment because of the existence of an erased record."

See the statute here for more information.
Use or inquiry of sealed, expunged, pardoned or erased recordsEmployers may not consider a conviction of an applicant that has been pardoned.

See the statute here for more information.

Additional Resources

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