U.S. Virgin Islands Ban the Box

February 21st, 2019 | Sterling

The U.S. Virgin Islands passed legislation limiting the use of criminal records in hiring practices by public employers of all sizes, starting on November 10, 2018.  This act prohibits employers from asking an applicant for employment to disclose, through any written form or orally, information concerning:

• An arrest or detention that did not result in a conviction
• A referral to, or participation in, any pretrial or post trial diversion program
• A conviction that has been judicially dismissed or ordered sealed pursuant to law

Nor may an employer seek such information from any source whatsoever, and/or use such information as a factor in determining any condition of employment, including hiring, promotion, termination or any apprenticeship training program or any other training program leading to employment.

The statute permits:

• An inquire about an arrest for which the applicant is out on either his or her own recognizance or on bail
• At a health facility, an inquiry with respect to arrests for violations of certain territorial laws for applicants seeking positions with regular access to patients or with access to drugs and medications

The statute does not apply if:

• State or federal law requires the applicant to be rejected based upon criminal history
• The employment requires a satisfactory criminal background check as a bona fide occupational position or a group of employees
• A standard fidelity or equivalent bond is required and a conviction of one or more specified offenses would disqualify the applicant from obtaining such a bond
• The employment is within a facility that provides programs, services or direct care to minors or vulnerable adults including the educational system or child care

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.