Connecticut Employment Screening Overview
Connecticut has a relatively restrictive employment screening environment, with statewide ban-the-box rules delaying criminal history inquiries until after the initial application, limits on credit checks to specific job-related circumstances, comprehensive drug testing restrictions requiring reasonable suspicion for most current employees, and Clean Slate protections prohibiting consideration of erased criminal records.
Federal requirements and local ordinances in cities like Hartford and New Haven may impose additional obligations.
What's Permitted
- Criminal history inquiries permitted after the initial application (CGS §31-51i); Hartford and New Haven municipal ordinances require waiting until a conditional offer for covered employers
- Drug testing of job applicants allowed with prior written notice at application
- Random drug testing permitted for federally authorized or safety-sensitive positions
- Credit checks generally allowed only when substantially related to job duties
What's Prohibited
- Asking about criminal history on initial employment applications, unless legally required or bond-related
- Requiring credit checks as an employment condition, except for certain financial or sensitive positions
- Using positive THC test results as sole basis for adverse action, with limited exceptions
- Asking prospective employees about their wage or salary history
Ban the Box Laws
StatewideStatus Summary
Connecticut bans criminal-history questions on initial applications (all employers), except where law requires or roles need bonds; post-application checks allowed. Enforced by Labor Commissioner, $300/violation. Hartford/New Haven require post-conditional-offer checks. See §31-51i (cga.ct.gov) and OLR 2021-R-0049 (cga.ct.gov).
Key Requirements
Public Act 16‑83 (An Act Concerning Fair Chance Employment)
Statewide ban‑the‑box law, effective January 1, 2017:
- Prohibits criminal‑history questions on applications
- Applies to all employers, public and private
- Allows inquiries after initial application stage
- Enforced administratively by Labor Commissioner
- Penalties: $300 per violation
Source: Public Act 16‑83 (text) cga.ct.gov
Public Act 17‑51 (Amendments to §31‑51i)
Clarified and strengthened applicant notice and enforcement:
- Strengthened §31‑51i notice requirements
- Clarified employer notice and procedures
- Added enforcement clarity
- Effective October 1, 2017
Source: Public Act 17‑51 (legislative summary) cga.ct.gov
Conn. Gen. Stat. §31‑51i
Primary statute governing criminal‑history inquiries:
- Defines "employer" broadly, no threshold
- Mandates clear, conspicuous notice where asked
- Permits background checks post‑application
- No private right of action
- Complaints filed with Department of Labor
Source: Conn. Gen. Stat. §31‑51i (statutory compilation) cga.ct.gov
Hartford and New Haven ordinances
Local rules impose stricter contractor and city‑hire standards:
- Require checks after conditional job offers
- Cover city hires and contractors/vendors
- Require notice and response opportunity
- Noncompliance affects city contracts
Source: Hartford/New Haven ordinance summaries and local contracting guidance cga.ct.gov ; CT Dept. of Labor complaint info portal.ct.gov/dol
Ban the Box Best Practices for Connecticut Employers
- Remove criminal-history questions from all initial applications
- Document post-application background-check timing and procedures
- Comply with FCRA notices and provide opportunity to respond
- Honor erased records, pardons, and certificates of employability
- Follow Hartford/New Haven ordinances and state law exceptions
Individual Assessments
Mandatory - StatutoryStatus Summary
Connecticut maintains two distinct statutory regimes that bear on criminal-history screening. CGS §31-51i, with ban-the-box amendments effective January 1, 2017 (PA 16-83), prohibits inquiries about criminal history on initial employment applications, bars consideration of erased records, and is enforced by the Connecticut Department of Labor (Labor Commissioner) with a $300 civil penalty per violation. The mandatory individualised-assessment standard for use of criminal-history information in employment decisions is set out in CGS §46a-80(c) and CHRO Regulation §46a-54-53, enforced by the Connecticut Commission on Human Rights and Opportunities (CHRO).
Sources: C.G.S. §31-51i (Tier 1), C.G.S. §46a-80 (Tier 1), CHRO portal (Tier 1), PA 16-83 (Tier 1).
Key Requirements
Employer Coverage
All employers in Connecticut (no size threshold).
Timing of Inquiries
Employers may not inquire about criminal history on an initial employment application, unless the employer is required to do so by federal or state law.
Individualised Assessment, §46a-80(c)
When considering criminal history, employers must evaluate the three statutory factors:
- Nature of the crime and its relationship to the job
- Degree of rehabilitation of the person
- Time elapsed since conviction or release
A provisional pardon or certificate of employability creates a presumption of rehabilitation. "Job duties" as a stand-alone factor is an EEOC Green-factor consideration and a recommended best practice; it is not a separate CT statutory factor.
Erased Records
Employers may not inquire about erased criminal records. If an erased conviction is discovered, individualised assessment is required before any adverse action.
Penalties and Enforcement
§31-51i is enforced by the CT Department of Labor (Labor Commissioner) with a $300 civil penalty per violation. §46a-80 is enforced by CHRO; damages, attorney fees, and remedial orders available. CHRO publishes the "Review of Criminal Conviction Form" used by state agencies as procedural guidance.
Legal Standard
Statutes: C.G.S. §31-51i (timing of inquiries; erased-record protections; Labor Commissioner enforcement, $300 per violation) and C.G.S. §46a-80 with CHRO Reg. §46a-54-53 (mandatory individualised assessment; CHRO enforcement).
Effective: §31-51i ban-the-box amendments, January 1, 2017 (PA 16-83); base §31-51i predates this; §46a-80, long-standing.
Standard: Three-factor statutory test under §46a-80(c): (1) nature of the crime and its relationship to the job, (2) degree of rehabilitation of the person, (3) time elapsed since conviction or release. A provisional pardon or certificate of employability creates a presumption of rehabilitation. Erased records may not be considered.
Enforcement: Labor Commissioner / CT DOL for §31-51i; CHRO for §46a-80.
Individual Assessment Best Practices for Connecticut Employers
- Remove criminal history questions from initial employment applications.
- Conduct individualized assessments using the three statutory factors under CGS §46a-80(c) (nature of the crime, degree of rehabilitation, time elapsed) before adverse action. 'Job duties' may be considered as an EEOC best-practice element but is not a CT statutory factor.
- Never inquire about erased criminal records.
- Document the assessment process and rationale.
- Comply with FCRA adverse action requirements.
- Train hiring personnel on the timing restrictions and the treatment of erased records.
Salary History Ban
StatewidePublic Act 15-196 (2015)
Established wage-discussion protections:
- Employees may freely discuss wages
- Employers cannot ban wage discussions
- Protects wage-inquiry and disclosure rights
- Laid groundwork for later reforms
Source: cga.ct.gov
Public Act 18-8 (2018)
Prohibited employer salary-history inquiries:
- Banned employer salary-history inquiries
- Applies across all hiring stages
- Includes third-party recruiters and agents
- Voluntary disclosure not valid for pay
Source: cga.ct.gov
Public Act 21-30 (2021)
Expanded wage-range disclosure rules:
- Requires wage-range disclosure upon request
- Or disclose before making offers
- Defines "wage range" flexibly
- Private action allowed within two years
Source: cga.ct.gov | portal.ct.gov/dol
HB 6273 (2023) — proposed (failed)
Proposed posting and damages changes (not law):
- Proposed mandatory wage ranges in postings
- Proposed $1,000–$10,000 statutory damages
- Bill died in committee; not enacted
- Connecticut does not currently require postings
Source: cga.ct.gov | portal.ct.gov/dol
Salary History Best Practices for Connecticut Employers
- Do not ask applicants about prior salary or salary history
- Do not rely on volunteered salary when setting compensation
- Provide wage range to applicants upon request or before offer
- Train hiring staff and third parties on compliance obligations
- Document pay decisions; retain wage records for three years
Consumer Credit Checks
RestrictedConn. Gen. Stat. §31‑51tt prohibits conditioning employment on credit checks; four exceptions (financial institutions; legally required; suspected unlawful activity; substantially job‑related — includes access to nonfinancial assets ≥ $2,500). $300 per unlawful inquiry; Labor Commissioner enforcement. cga.ct.gov
Key Requirements
Connecticut General Statute § 31-51tt
State law restricting employer credit checks:
- Prohibits requiring credit‑check consent
- Applies to employers with ≥1 employee
- Protects applicants and current employees
- Four narrow exceptions permitted
- Administrative complaints; $300 per inquiry
Sources: cga.ct.gov | portal.ct.gov/SmartConsumer
Public Act 11-223 (2011)
Enacting law creating § 31-51tt:
- Effective October 1, 2011
- Established statewide credit‑check prohibition
- Applies to public and private employers
- Enforcement via Labor Commissioner
Source: cga.ct.gov
Public Act 14-109 (2014 amendment)
Expanded "financial institution" definition:
- Broadened financial‑institution definition
- Includes mortgage brokers and servicers
- Allows institutions to check any position
- Amended §31‑51tt definitions and scope
Source: cga.ct.gov
Public Act 16-83 (Ban‑the‑Box)
Limits timing of criminal‑history inquiries:
- Prohibits criminal‑question on initial applications
- Employers may ask after application completion
- Effective January 1, 2017
Source: cga.ct.gov
Fair Credit Reporting Act (FCRA)
Federal consumer‑reporting requirements for employers:
- Requires standalone written authorization
- Provide pre‑adverse and adverse notices
- Must give Summary of Rights
Source: ftc.gov/legal-library
Credit Check Best Practices for Connecticut Employers
- Do not require credit checks unless a statutory exception applies.
- Document position-specific business justification for any credit inquiry.
- Provide written Connecticut disclosure separate from FCRA authorization.
- Comply with FCRA pre-adverse and adverse action procedures.
- Train staff, verify vendors, retain records, securely dispose reports.
Marijuana Protection
Medicinal Marijuana
Employers may not refuse to hire, discharge, or otherwise penalize someone solely due to status as a qualified medical marijuana patient, but may prohibit use and impairment during work hours and enforce drug-free workplace rules. CGS §21a-408p
Recreational Marijuana
A positive THC test alone generally cannot be the sole basis to refuse hire or penalize an employee, except for federal contract/funding needs, on-duty use suspicion, observable impairment, or a written, communicated random-testing policy. CGS §21a-422q
Drug Testing Regulations
Connecticut limits private‑sector urinalysis: current employees need reasonable suspicion (CGS §31‑51x); random testing allowed only in narrow cases; pre‑employment testing requires written notice and confirmed positives (CGS §§31‑51v,31‑51u); THC/medical marijuana protections (CGS §§21a‑422q,21a‑408p).
Permitted Testing Types
Pre-Employment
Allowed with written notice; must follow statutory urinalysis procedures.
Random Testing
Permitted only in narrow, statutorily authorized circumstances with approval.
Reasonable Suspicion
Allowed for current employees only upon reasonable suspicion of impairment.
Post Accident
Allowed for federally regulated drivers; others only as statutorily authorized.
Workers' Compensation Discount
Connecticut law does not tie drug-testing compliance to workers' compensation premium discounts.
No explicit statutory provision links Connecticut drug-testing laws to workers' compensation premium reductions.
Best Practices
- Require reasonable suspicion before urinalysis for current employees
- Require written notice for prospective employee urinalysis at application
- Confirm positive urinalysis with GC/MS or equivalent before action
- Keep test results confidential and store separately as medical records
- Avoid action solely for THC positives; document any exceptions
Clean Slate Laws
StatewideConnecticut Clean Slate (effective Jan 1, 2023) automatically erases certain cannabis convictions, permits misdemeanor erasure after 7 years and Class D/E felonies after 10 years, bans initial criminal‑history questions (Conn. Gen. Stat. §31‑51i), and requires CRAs to delete erased records.
E-Verify Requirements
VoluntaryConnecticut: no statewide mandatory E-Verify; federal I-9 required; federal contractors must use E-Verify. cga.ct.gov
Who Must Use E-Verify
Private Employers [SB-00240 (2010, not enacted); Conn. Gen. Stat. Title 31]
No Connecticut statute requires private employers to use E‑Verify; SB‑00240 (2010) did not become law. Federal Form I‑9 obligations still apply. cga.ct.gov cga.ct.gov
Federal Contractors [Federal contract clauses; 8 U.S.C. 1324a]
Employers with federal contracts or grants must follow contractually required E‑Verify participation; noncompliance may result in contract penalties, termination, or debarment. ctdol.state.ct.us/wia cga.ct.gov
Any other relevant groups [Municipal contractors; Conn. Gen. Stat. §31-48d]
Connecticut municipalities have not broadly imposed E‑Verify mandates; municipal contractors should review local ordinances and contract terms for any E‑Verify requirements. eregulations.ct.gov/eRegsPortal cga.ct.gov
Background Check Regulations
Connecticut employers must follow federal FCRA rules and also comply with Connecticut laws that can restrict the timing/use of criminal‑history and consumer‑report information and impose disclosure, consent, and adverse‑action obligations; consult counsel for specific compliance.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days