Recent legislation in New York City may impact your business if you are doing background checks in this area. Here are some things to know about the recent legislation:
Int. No. 261-A went into effect on September 3, 2015, restricting the use of applicants’ credit history for employment. Employers in New York City can no longer request or use a job applicant’s or current employee’s credit history in making an employment decision unless the position meets one of the exceptions allowed by New York law. In addition, impacted employers should review their disclosure and authorization forms and modify as needed to ensure they comply with this law, such as removing any mention of credit reports.
Int. No. 318-A, the “Fair Chance Act,” goes into effect yesterday on October 27th, 2015, prohibiting employers from inquiring about the applicant’s arrest or conviction record until after extending a conditional offer of employment. Among other requirements, the employer must also provide the applicant with a written copy of the NYC Commission on Human Rights Article 23-A Evaluation Form prior to taking any adverse employment action based on the employer’s inquiry. The employer must allow the applicant a reasonable time to respond (no less than 3 business days) and hold the position open for the applicant during this time.
Recommendations
We recommend you review, and discuss with your legal counsel, your organization’s policies and procedures, including your company’s application, criminal history questions and adverse action process to ensure compliance with the changing laws.
Contact Accurate Background
For additional questions about your background screening process, please contact Accurate Background at 800.216.8024. For more information regarding recent Ban the Box initiatives in other states and jurisdictions, visit our Legislative Updates page.
Please note: The information provided above is strictly for educational purposes. It is not intended to be legal advice, either expressed or implied. Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.
