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 the offense; 18
(3) the passage of time since the offense occurred or the prospective 19
employee completed a prison sentence; 20 BILL AS INTRODUCED S.90
2025 Page 5 of 8
VT LEG #379374 v.1
(4) the age of the prospective employee at the time the offense occurred; 1
and 2
(5) the legitimate interest of the employer in protecting the property and 3
safety and welfare of specific individuals or the general public. 4
(b)(1) An employer may inquire about criminal convictions on an initial 5
employee application form if the following conditions are met: 6
(A)(i) the prospective employee is applying for a position for which 7
any federal or State law or regulation creates a mandatory or presumptive 8
disqualification based on a conviction for one or more types of criminal 9
offenses; or 10
(ii) the employer or an affiliate of the employer is subject to an 11
obligation imposed by any federal or State law or regulation not to employ an 12
individual, in either one or more positions, who has been convicted of one or 13
more types of criminal offenses; and 14
(B) the questions on the application form are limited to the types of 15
criminal offenses creating the disqualification or obligation. 16
* * * 17
(c) If an employer inquires about a prospective employee’s criminal history 18
record information, the prospective employee, if still eligible for the position 19
under applicable federal or State law, must be afforded an opportunity to 20 BILL AS INTRODUCED S.90
2025 Page 6 of 8
VT LEG #379374 v.1
explain the information and the circumstances regarding any convictions, 1
including postconviction rehabilitation. 2
(d) An employer who violates the provisions of this section shall be 3
assessed a civil penalty of up to $100.00 $1,000.00 for each violation. 4
(e) As used in this section: 5
(1) “Criminal history record” has the same meaning as set forth in 20 6
V.S.A. § 2056a. [Repealed.] 7
(2) “Employee” has the same meaning as set forth in section 495d of 8
this chapter. 9
(3) “Employer” has the same meaning as set forth in section 495d of this 10
chapter. 11
Sec. 3. 21 V.S.A. § 512 is amended to read: 12
§ 512. DRUG TESTING OF APPLICANTS; PROHIBITIONS; 13
EXCEPTIONS 14
* * * 15
(b) Exception. An employer may require an applicant for employment to 16
submit to a drug test only if all of the following conditions are met: 17
(1) Conditional offer of employment. The applicant has been given an 18
offer of employment conditioned on the applicant receiving a negative test 19
result. 20 BILL AS INTRODUCED S.90
2025 Page 7 of 8
VT LEG #379374 v.1
(2) Notice. The applicant received written notice of the drug testing 1
procedure and a list of the drugs to be tested. The notice shall also state that a 2
positive test for therapeutic levels of medically prescribed drugs tested, 3
including cannabis for symptom relief, will not be reported. The notice 4
required under this subdivision may shall not be waived by the applicant. 5
(3) Administration. The drug test is administered in accordance with 6
section 514 of this title. 7
(4) Relationship to job duties. Information relating to the applicant’s 8
possible use of drugs has a direct relationship to the applicant’s ability to 9
perform the job duties of the specific position that has been offered. 10
Sec. 4. 21 V.S.A. § 513 is amended to read: 11
§ 513. DRUG TESTING OF EMPLOYEES; PROHIBITIONS; 12
EXCEPTIONS 13
* * * 14
(c) Exception. Notwithstanding the prohibition in subsection (a) of this 15
section, an employer may require an individual employee to submit to a drug 16
test if all the following conditions are met: 17
(1) Probable cause. The employer or an agent of the employer has 18
probable cause to believe the employee is using or is under the influence of a 19
drug on the job. 20 BILL AS INTRODUCED S.90
2025 Page 8 of 8
VT LEG #379374 v.1
(2) Employee assistance program. The employer has available for the 1
employee tested a bona fide rehabilitation program for alcohol or drug abuse 2
and such program is provided by the employer or is available to the extent 3
provided by a policy of health insurance or under contract by a nonprofit 4
hospital service corporation. 5
(3) Employee may not be terminated. The employee may shall not be 6
terminated if the test result is positive and the employee agrees to participate in 7
and then successfully completes the employee assistance program; however, 8
the employee may be suspended only for the period of time necessary to 9
complete the program, but in no event longer than three months. The 10
employee may be terminated if, after completion of an employee assistance 11
program, the employer subsequently administers a drug test in compliance with 12
subdivisions (1) and, (4), and (5) of this subsection and the test result is 13
positive. 14
(4) Administration of test. The drug test is administered in accordance 15
with section 514 of this title. 16
(5) Relationship to job duties. Information relating to whether the 17
employee is using or is under the influence of a drug on the job has a direct 18
relationship to the employee’s ability to perform the employee’s job duties. 19
Sec. 5. EFFECTIVE DATE 20
This act shall take effect on July 1, 2025. 21