x

On-Demand Webinar: Keeping Up with Compliance for Q4 Watch Now

Virgin Islands Enacts “The Fair Chance for Employment Act”

Back to Blog

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.

Share Post