Community Party Ban the Box Amendment

H.B. 5207 An Act Concerning Criminal Background Checks for Prospective State Employees


The intent of Ban the Box is to eliminate employment discrimination against formerly incarcerated individuals. The Connecticut law as currently constituted does not provide full protection to individuals with legal histories. Conducting criminal background checks after a job interview provides employers with a loophole to discriminate against individuals with legal histories. During the 2010 House debate on H.B. 5207 the conditional job offer provision was removed from this legislation. This provision provides the strongest protection to job applicants, as it requires the employer to make a job offer to a qualified applicant prior to conducting the background check. This is irrefutable evidence that an employer believes that an applicant is the best person qualified for the position that they are looking to fill. The Community Party proposes that this provision be restored to the current Ban the Box law. Also, there is no language in the current law regarding recourse for individuals who believe that an employer has violated the Ban the Box law. A free complaint process with sanctions for employers should be developed which will outline the rights of job applicants and the sanctions employers will face if they violate the Ban the Box law.



Community Party Ban the Box Summary for 2015 Legislative Session


Existing Subsection (b) Except for a position for which any provision of the general stautes specifically disqualifies a person from employment by the state or any of its agencies because of a prior conviction of a crime, no employer, as definded in section 5-270, shall inquire about a prospective employee’s past convictions unless such prospective employee has been deemed qualified for the position.



Community Party proposed Ban the Box Amendment

Subsection (b) substitute: Once an applicant has been determined by the State of Connecticut or its vendors to be otherwise qualified for the position, the State or Vendor will extend an offer  of conditional employment to the applicant, pending a conviction history check by the Human Resources Department. Prior to conducting any conviction history check on an Applicant the State or Vendor must provide standard written notification to the Applicant adivising: a) That a conviction history check is about to take place.  b) That the Applicant will have the opportunity to challenge the decision by the State or the Vendor if the job offer is withdrawn, c) That the Applicant has the right to file a complaint on the basis that the employer has violated the conditions of the Ban the Box law, d) What kinds of evidence that the Applicant can present during the challenge and / or complaint process. e) The employer’s explanation for withdrawing a job offer will be given to the applicant in writing. 



CT Ban the Box Law:



New Haven Ban the Box Law with Conditional Job Offer Provision:


Philadelphia Commission on Human Relations Ban the Box Complaint Form:


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