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Senators in the Virgin Islands are considering a bill that is intended to help residents with criminal records gain second chances.

The Fair Chance For Employment Act

Legislators in the Virgin Islands are hoping to repeal an existing law titled Limited Use of Criminal Records in Hiring Practices and replace it with a proposed bill called The Fair Chance for Employment Act.

The bill is sponsored by Senator Donna Frett-Gregory who believes it would be a win-win situation for “returning citizens, their families, employers, and the Virgin Islands as a whole.” If passed, the law would prohibit employers from looking into whether an applicant has a criminal record until after they conduct an interview and extend a conditional job offer. Doing this requires the employer to confirm a candidate is otherwise qualified before running a background check.

This bill would not prevent any organization from screening potential employees, nor would it deter them from revoking a conditional offer based on the results of a background report. It is primarily intended to delay the process and help people get a foot in the door so they can be considered for open positions.

Exceptions

The Fair Chance for Employment Act includes exceptions for certain types of employers. This generally applies to industries that hire individuals for safety sensitive positions, such as those that deal with vulnerable populations. The bill would provide exemptions for:

• Public and private schools.
• Childcare centers.
• Nursing homes.
• Senior citizens centers.
• Law enforcement agencies.
• Federal employers that are prohibited from hiring anyone who has a criminal record.

Where It Stands

While there is a lot of support for the proposed Fair Chance Act, there is some uncertainty about whether it will be approved in its current form. Examples of concerns that have been raised include:

• The bill does not clarify what specifically would occur if an employer rescinds a conditional job offer.
• One section of the bill states that applicants who get rejected should have an opportunity to meet with a hiring manager and discuss why, which some people believe could create an undue burden for the company.
• Another concern involved the bill’s suggestion that the Director of Personnel should develop and implement fair chance hiring policies, a responsibility some believe should continue to be held by the Department of Labor.

If It Passes

If the bill, or a variation of it, is passed, then employers in the U.S. Virgin Islands may need to review and update their hiring policies. Particularly, when and how they request background checks. When new laws go into effect, we recommend consulting with legal counsel to ensure your business is in compliance.

Running Background Checks

Background checks are a key part of the hiring process. The information they provide helps hiring managers make educated decisions and maintain safe workplaces. They can be a key part of every business' due diligence process.

If your organization needs to screen candidates, contractors or volunteers, please contact us. Backgrounds Online has been a leader in the industry for more than 20 years. Our friendly, experienced team can help you customize screening packages that suit your specific needs, comply with applicable laws and meet industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.