Virgin Islands Enacts “The Fair Chance for Employment Act”

The Virgin Islands recently overhauled their existing ban the box legislation passing Bill No. 35-0115, “The Fair Chance for Employment Act”.

The new law expands on prior restrictions, prohibiting any inquiry or box on a job application related to criminal convictions. Employers are also prohibited from conducting a criminal background check until after a conditional offer has been granted.

Employment applications must include a specific statement: “A record of conviction will not exclude an applicant from being eligible for the position. Factors that may be examined include: (1) The rational relationship of the nature of the offense to the duties and responsibilities of the position; and (2) Evidence of the rehabilitation of the applicant.”

Employers may rescind a conditional offer for pending charges filed within the last six months, a felony conviction in the past five years or a misdemeanor conviction that occurred in the past three years. Prior to rescinding the offer based on such information, employers must consider the following: (1) Whether the criminal offense charge relates to the responsibilities of the position for which the person has applied; and (2) Any documentation or information demonstrating the rehabilitation of the applicant.

There are limited exceptions under the law including if a local or federal law requires the applicant to be rejected based on criminal history. Employers are encouraged to review the text of the law for the full list of exceptions.