Change to N.Y. Correction Law
Effective
February 1, 2009, employers hiring in New York will have to adhere to new
regulations outlined in §380-c and §380-g, General
Business Law.
These changes apply to background checks in connection with
employment; specifically, how criminal conviction information obtained through background checks cannot be used to discriminate
against applicants with criminal records.
A summary of the changes follow:
- Any person, firm or other entity that requests an
investigative consumer report with respect to an offer of employment must provide the
subject of such report with a copy of Article
23-A of
the correction law governing the licensure and employment of persons previously
convicted of one or more criminal offenses.
-
When
a person, firm or other entity receives a consumer report that contains criminal
conviction information, they must provide the subject of the report with a copy of Article 23-A.
There are, of course, certain situations where applicants can be disqualified for employment based on their criminal history. These scenarios are outlined in Article 23-A.
As this is a new law, we will continue to research it and provide more details as they arise.
If
you have any questions, or would like to learn more about how Sutton Associates
can help you, visit our website or call our Employment Screening Division at (631) 886-2211.
You can also contact the New York State Division of Human Rights with questions regarding these changes:
New
York State Division of Human Rights
One
Fordham Plaza, 4th Floor
Bronx,
New York 10458
Tel: (718) 741-8400
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