Special Announcement to all Suffolk County, NY employers:
Effective July 15, 2020, the County of Suffolk, NY will impose an ordinance (Resolution 1019-2020) that restricts employers in the county from asking about and using criminal record information.
Under the law, the following restrictions, will apply:
1. It shall be an unlawful discriminatory practice for an employer to make any inquiry regarding or to require any person to disclose or reveal any criminal conviction during the application process. The application process shall begin when the applicant inquires about the employment sought and shall end when an employer has accepted an employment application.
2. It shall be an unlawful discriminatory practice for an employer to make any inquiry regarding or to require any person to disclose or reveal any criminal conviction against such person before a first interview. If an employer does not conduct an interview, that employer must inform the applicant whether a criminal background check will be conducted before employment is to begin.
3. An employer shall comply with Article 23-A of the New York State Corrections Law when considering an applicant’s prior criminal convictions in determining suitability for employment. In accordance with Article 23-A, nothing in this law shall be construed to limit an employer’s authority to withdraw conditional offers of employment for any lawful reason, including the determination that the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to property or to the safety of individuals or the general public.
This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.