This law aims to prevent automatic disqualification of applicants based on conviction history or criminal records, joining a nationwide trend with similar laws in dozens of states and over 150 jurisdictions. It replaces the previous "Limited Use of Criminal Records in Hiring Practices" act.

Key provisions of the act include the following:

• Criminal History Inquiry: Employers may not ask about an applicant's criminal history until the applicant is deemed otherwise qualified and has received a conditional job offer, unless required by law (e.g., for health facility roles or criminal justice positions).

• Job Postings and Applications: Job ads must not imply that applicants with criminal records are disqualified unless legally specified. Application forms must state: "A record of conviction will not exclude an applicant from being eligible for the position," and employers must consider the relevance of the offense to the job and any evidence of rehabilitation before rescinding a conditional offer.

• Consideration Periods: Disqualifying charges may include pending charges within six months, felony convictions within five years, and misdemeanor convictions within three years.

The Act imposes strict restrictions on unauthorized disclosure of criminal record information, with penalties that include potential imprisonment of up to six months, fines up to $500, or both. Employers violating the law may also face civil actions from applicants, including damages and attorney's fees.

Employers in the Virgin Islands should review and update their hiring and background check practices and revise job application forms and postings to align with these requirements.

Source: Virgin Islands Fair Chance for Employment Act

Posted: November 7, 2024

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