Welcome to Vermont JobLink, a free job match and workplace information service for employers and job seekers. We require that jobs posted to our site meet minimum standards to ensure that there is an actual employment opportunity for job seekers. Please read the following requirements:
Types of Jobs Allowed on Vermont JobLink
We do not accept postings for independent contractors, work-at-home, or commissioned pay positions unless these job postings meet the requirements set forth in the Fair Labor Standards Act and state laws and regulations regulating employment. There should be an actual employer/employee relationship with the employer paying the job seeker a salary, wage, or commission. We require employers to post a job before the account is approved for any employer that does not have a state unemployment insurance tax number. Employers understand that this free job match service may not be used in any way to foster activity prohibited by state or federal law. We reserve the right to immediately and permanently end assistance and cooperation with employers engaged in illegal activity.
No Fees, No Reselling, No Re-Posting Allowed
Neither you nor your agents may charge a fee to provide a job seeker with access to a job listed in Vermont JobLink. Neither you nor your agents may use the service to recruit replacement workers in a labor dispute. You may not utilize job seeker information for any reason other than in filling your available positions. You may not resell or repost any job seeker information such as names, addresses, telephone numbers, or resumes found on this site. You may not post a job for positions that are not currently available, as a source of sales leads, or anything related to network marketing or pyramid schemes.
Keeping Information Up To Date
Because the service depends on the exchange of accurate and timely information, we will make every effort to keep the resume postings and other information updated. We depend upon you to keep your job postings and other information about your company updated. We reserve the right to remove any job posting from the file if it contains out-dated, inaccurate, or inappropriate information.
Equal Employment Opportunity
Various laws prohibit Vermont JobLink from accepting discriminatory job postings. Employers must provide equal employment opportunities to applicants without regard to race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or against a qualified individual with a disability in compliance with federal and state laws including:
- The Civil Rights Act of 1964 as Amended
- Age Discrimination Act of 1967 as Amended
- Rehabilitation Act of 1973
- Vietnam Era Veterans Readjustment Act of 1974
- Americans with Disabilities Act Amendment Act of 2009 (ADAAA)
- Executive Order 11246
- The Wagner-Peyser Act as Amended.
- The Workforce Innovation and Opportunity Act
- The Vermont Fair Employment Practices Act (21 V.S.A. §§ 495, et seq.)
The U.S. Department of Labor enforces Title VI of the Civil Rights Act of 1964 as it applies to public workforce system programs or activities receiving federal financial assistance, as well as the non-discrimination provisions of the Workforce Innovation and Opportunity and Wagner-Peyser Acts, which fund the public workforce system. Title VI and its implementing regulations prohibit any program or activity receiving federal financial assistance from excluding from participation in, or denying the benefits of the program, or otherwise subjecting anyone to discrimination on the bases of race, color, national origin, disability, age, sex, and religion.
Employer Notice Regarding Job Bank Non-Discrimination and Criminal Record Exclusions
The public workforce system must comply with federal civil rights laws, including those concerning non-discrimination in employment. In addition, as explained in the information below provided by the Equal Employment Opportunity Commission (EEOC)—the agency that administers and enforces Title VII of the Civil Rights Act of 1964, as amended—an employer may be liable under Title VII for its use of criminal record information to make employment decisions, depending on the factual circumstances under with the criminal records are used. An employer that submits a job announcement containing restrictions or exclusions based on arrest or conviction history will have an opportunity to edit or remove the announcement, to help ensure that the employer and the public workforce system are in compliance with the law.
Employer Consideration of Arrest and Conviction History
It is unlawful to discriminate against individuals in employment because of their race, color, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age or because they are a qualified individual with a disability. Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate in employment based on race, color, national origin, religion, or sex. These laws do not prohibit an employer from requiring applicants to provide information about arrests, convictions, or incarceration.
However, the law does impose certain restrictions. For example, Vermont law (21 V.S.A. § 495j) generally prohibits employers from including questions about criminal records on their job applications. It also requires employers who do inquire into criminal records during job interviews to afford the applicant an opportunity to explain their record.
In addition, both federal and Vermont law prohibit employers from treating people with the same criminal records differently because of their race, national origin, or another protected characteristic. In addition, even facially neutral employment standards relating to criminal history — such as automatically disqualifying applicants with any criminal record — may be unlawful if they unnecessarily screen out applicants of a certain race, sex, or other protected characteristic. To withstand legal scrutiny, such policies must be job-related and consistent with business necessity, not merely based upon assumptions about qualifications for employment. For greater detail on meeting this standard, please see the EEOC's guidance referenced at:
- EEOC, Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act (Rev. April 25, 2012)
- Q&A About EEOC Guidance on Arrest and Conviction Records
- Council of State Governments Webinar: Unraveling Myths Around Federal Reentry Policies that Affect Your Clients
The Vermont Attorney General enforces the Fair Employment Practices Act (21 V.S.A. §§ 495, et seq.), which applies to employers with 1 or more employees. In addition to prohibiting employment discrimination, the law prohibits retaliation against employees who oppose or complain of discrimination or cooperate in an investigation of discrimination complaints.
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) imposes a number of obligations on employers that wish to use criminal background checks to screen applicants. This law requires the employer to obtain the applicant's permission before asking a background screening company for a criminal history report, and requires the employer to provide the applicant with a copy of the report and a summary of the applicant's rights before the employer takes an adverse action (such as denying an application for employment) based on information in the criminal history report. For more information: Using Consumer Reports: What Employers Need To Know.
Wage Transparency
Are you an employer with 5 or more employees that is posting for a non-commissioned job that is either (1) located in Vermont or (2) predominantly performed in Vermont? If so, your job posting is subject to Vermont Act 155, which requires you to include in your ad the “compensation or range of compensation for the job opening”. If the posting if for a tipped commissioned job, you need to state that fact in the job posting; you need not provide further details unless you wish to do so. If the positing is for a tipped job, then Act 155 requires it to “disclose that fact and the base wage or range of base wages for the job opening”.
For more information about Act 155, see Vermont Attorney General’s Guidance on Act 155 (H. 704). If you have questions about how to comply with Act 155, contact the Attorney General’s Civil Rights Unit at ago.civilrights@vermont.gov.
Work Opportunity Tax Credit
Employers should also be aware of the Work Opportunity Tax Credit (WOTC) and the Federal Bonding Program (FBP), two incentives that support employers' hiring of individuals with conviction histories. The WOTC provides a credit of 25%-40% of first year wages, or $1,500-$2,400, for employers that hire qualified individuals with felony convictions. For more information: Work Opportunity Tax Credit. Through the FBP, funded and administered by the U.S. Department of Labor, fidelity insurance bonds are available to reimburse the employer for any loss due to employee theft of money or property, with no employer deductible. For more information: The Federal Bonding Program .
Surveys
We may occasionally ask you to participate in surveys to gauge the value and effectiveness of our services and to seek your advice on improving these services. Participation in these surveys is voluntary.
Acceptance
I have read and understand all of this policy on Employer Use and will comply with its provisions. I also understand any violation of this policy or this agreement will result in loss of access to Vermont JobLink.
