Ban the Box Laws in Connecticut: Criminal History in Hiring

Federal law does not impose a blanket ban on criminal history inquiries. Instead, the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Under EEOC guidance, employers may commit disparate impact discrimination if they categorically exclude all individuals with criminal records without individualized assessment, because criminal convictions disproportionately affect Black and Latino workers.

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., regulates use of consumer reports including criminal background checks. Under the FCRA, employers must provide disclosure and obtain written consent before ordering a background check, and must provide notice before taking adverse action based on the report. However, the FCRA does not prohibit employers from asking about criminal history during hiring—it only regulates how background check reports are obtained and used.

Federal law provides no specific timeline for when criminal history questions may be asked. The EEOC's position is that employers should assess the relevance of criminal convictions to the position, but employers are not prohibited from asking early in the hiring process at the federal level. Enforcement is through EEOC charges. Federal law does not provide a private right of action for pre-employment criminal inquiries alone, only for discrimination based on protected characteristics.

Connecticut's ban the box law, Connecticut General Statutes § 31-51ii, is significantly stronger than federal law. It is one of the earliest and most protective state bans-the-box laws in the nation.

Under Connecticut law, employers with one or more employees may not inquire about an applicant's criminal history—including arrest records, criminal convictions, or adjudications—on a job application, in an initial interview, or through any other written or oral inquiry before making a conditional offer of employment. This is a bright-line rule: the employer must wait until after a conditional job offer is extended before asking any questions about criminal background.

Once a conditional offer is made, employers may then inquire about criminal history and may withdraw the offer only if the applicant's criminal history is directly related to the duties of the position or the convictions fall within statutory exceptions. Connecticut law is stronger than federal law because it imposes a specific timeline requirement and mandates individualized assessment of relevance.

The law applies to all employers in Connecticut with at least one employee—there is no size threshold. This is broader than many federal protections, which apply only to employers with 15 or more employees.

Statutory exceptions exist under Connecticut General Statutes § 31-51ii(c) for certain positions: (1) positions with direct care or supervision of vulnerable populations (children, elderly, disabled); (2) positions involving access to narcotic drugs or controlled substances; (3) positions in law enforcement or corrections; (4) positions where federal law requires criminal history consideration; and (5) positions involving access to security-sensitive facilities.

Additionally, applicants may be screened out on conviction grounds if the conviction is directly related to essential job duties. The statute requires employers to conduct an individualized assessment of whether the conviction is directly related to the position—blanket exclusions based on conviction status are prohibited.

Remedies under Connecticut law include civil liability and damages to the applicant. An applicant harmed by a violation may bring a civil action against the employer. Damages may include economic damages (lost wages, benefits) and non-economic damages (emotional distress). Additionally, violation may constitute an unfair trade practice under Connecticut Unfair Trade Practices Act § 42-110a, exposing employers to treble damages and attorney fees.

Connecticut's ban the box law contains specific statutory exceptions under Connecticut General Statutes § 31-51ii(c) that allow employers to screen applicants based on criminal history despite the general prohibition.

First, employers may conduct criminal history inquiries and base hiring decisions on convictions for positions involving direct care or supervision of children, persons with developmental disabilities, or the elderly. This includes childcare providers, teachers, home health aides, and nursing home staff. The relationship between the conviction and the position must still be directly relevant, but the employer need not wait for a conditional offer in these contexts.

Second, employers may ask about criminal history for positions with direct access to narcotic drugs or controlled substances. This includes pharmacy technicians, nurses, and other healthcare workers with medication access. Federal law similarly permits such inquiries, and Connecticut recognizes this exception.

Third, positions in law enforcement and corrections are exempt from the ban. Police officers, corrections officers, and probation officers can be subject to criminal history inquiries at any stage of hiring.

Fourth, if federal law or regulation requires criminal history consideration for a specific position, the Connecticut ban does not apply. This includes certain federal contractor positions and positions requiring federal security clearances.

Fifth, positions with access to secure facilities or sites related to national security, critical infrastructure, or other sensitive areas may fall outside the ban's scope.

Importantly, even where exceptions apply, Connecticut law requires individualized assessment of whether a criminal conviction is directly related to the essential duties of the position. Employers cannot use blanket policies excluding all individuals with any criminal conviction. Additionally, the recency and severity of the conviction, rehabilitation, and time passed must be considered under a case-by-case analysis.

Step 1: Document the violation. If an employer asks you about your criminal history on a job application, in an interview, or through any pre-conditional offer inquiry, save all communications. Take screenshots of online applications, save email correspondence, and write down the date, time, and details of any verbal inquiries. Keep records of when you applied, what was asked, and how you responded. Retain the job description to establish that the conviction was unrelated to job duties. Note whether you received a conditional offer before the criminal history question was asked.

Step 2: Attempt informal resolution if appropriate. Before filing a formal complaint, consider contacting the employer's HR department or hiring manager in writing to clarify the violation and give them an opportunity to correct it. Send a written email documenting when the question was asked and requesting written confirmation that the inquiry violated Connecticut law. This creates a paper trail and sometimes resolves the matter without litigation. However, this step is optional; you are not required to complain internally first.

Step 3: File a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO). The CHRO enforces Connecticut's ban the box law. File a written complaint within 180 days of the violation. Visit www.ct.gov/CHRO or call (860) 541-3400. The complaint should include: (1) your name and contact information; (2) the employer's name and address; (3) the date of the hiring process and the criminal history inquiry; (4) a description of what was asked and when; (5) the job title applied for; (6) whether you received a conditional offer before the question; and (7) how the violation affected you (lost job opportunity, emotional distress, time and resources spent). You may submit the complaint online through the CHRO portal or by mail.

Step 4: CHRO investigation process. After you file, the CHRO investigates the complaint. This typically takes 60-180 days. The investigator will contact the employer and request documentation of the hiring process, job posting, application materials, and interview notes. The investigator will also interview you and potentially witnesses. The employer will have an opportunity to respond and provide evidence that the inquiry was justified by an exception (care of vulnerable populations, narcotics access, law enforcement, federal requirement, or security-sensitive facility). The investigator will determine whether the employer violated § 31-51ii and whether an exception applies.

Step 5: Consult an employment attorney. If the CHRO investigation finds a violation or if you wish to pursue civil damages beyond what the CHRO process provides, retain an employment discrimination attorney licensed in Connecticut. A Connecticut employment attorney can: (1) review whether your case qualifies for exceptions and assess the strength of your claim; (2) file or assist with a civil action under Connecticut General Statutes § 31-51ii if the CHRO process is unsuccessful; (3) pursue damages including lost wages, benefits, and non-economic damages for emotional distress; (4) seek punitive damages or treble damages if the violation constitutes an unfair trade practice; and (5) recover attorney fees and court costs. Consult an attorney as soon as possible after the violation to preserve evidence and meet statutory deadlines.