New York City to Limit the Use of Criminal Records for Employment Purposes

(Last Updated On: June 18, 2018)

New York City Limits Credit Reports for Employment

Special Announcement to all City of New York employers:

Effective October 8, 2015, the City of New York, NY will impose Bill 0318-2014. This ordinance restricts employers in the city from asking about and using criminal records.

Under the ordinance, the following restrictions, among others, will apply:

(1) An employer shall not conduct a criminal record inquiry until after such employer or agent thereof has extended a conditional offer of employment to the applicant.

(2) After extending an applicant a conditional offer of employment, an employer, employment agency or agent thereof may inquire about the applicant’s arrest or conviction record if before taking any adverse employment action based on such inquiry, the employer, employment agency or agent thereof:

(a) provides a written copy of the inquiry to the applicant in a manner to be
determined by the commission;
(b) performs an analysis of the applicant under article twenty-three-a of the correction law and provides a written copy of such analysis to the applicant in a manner to be determined by the commission, which shall include but not be limited to supporting documents that formed the basis for an adverse action based on such analysis and the employer’s or employment agency’s reasons for taking any adverse action against such applicant; and
(c) after giving the applicant the inquiry and analysis in writing pursuant to subparagraphs (a) and (b) of this paragraph, allows the applicant a reasonable time to respond, which shall be no less than three business days and during this time, holds the position open for the applicant.

(3) It shall be an unlawful discriminatory practice for any employer, employment agency or agent thereof to deny employment to any person or take adverse action against any employee by reason of such person or employee having been convicted of one or more criminal offenses, or by reason of a finding of a lack of “good moral character” which is based on such person or employee having been convicted of one or more criminal offenses, when such denial or adverse action is in violation of the provisions of article twenty-three-a of the correction law.

The full text of this ordinance is available here: New York City Council Bill 0318-2014

Please note that the New York Commission on Human Rights has created a fair change notice that can be used to comply with this law: New York City Fair Chance Act Notice

This law will require a review of the hiring process in place, including the waiver that all applicants must complete, and may require changes to that process.

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes, if any, need to be made to your hiring process.

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. 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.

 

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