Longstanding Practice Now Banned Requiring Criminal History from Applicants
Protect Your Rights as an Employer in New York
It’s long been a practice among employers to require that job applicants to check a box indicating whether or not they have a criminal record. In an effort to prevent early screening of applicants because of irrelevant or old offenses, or because of charges that did not lead to a conviction, New York has joined the list of states that have “banned the box.” Under this approach, an employer may still require a criminal records check, but it will typically be later in the process, with the applicant being first evaluated on his or her qualifications and merits.
The New York State Human Rights Law (NYSHRL) governs the actions of private employers state-wide, generally prohibiting any inquiry in the initial job application about non-pending arrests, sealed convictions or juvenile offenses. Furthermore, under Correction Law Article 23-A, a person cannot be denied employment because of a criminal record if the offense is not directly related to the type of work or the applicant does not pose an unreasonable risk to property or safety.
A number of municipalities within the state of New York, including Buffalo, Rochester and New York City, have enacted stricter and more specific “Ban the Box” laws. For example, the NYC Fair Chance Act only allows an employer to request a background or criminal record check pursuant to a conditional offer of employment.
Let Stephen Hans & Associates Protect Your Rights as an Employer in New York
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan