Blog

 
     

Posting and Notice Requirements for New York’s Article 23-A

By Michael Klazema on 6/26/2014

Article 23-A of New York’s Correction Law (§§750-755), relates to licensure and employment of persons previously convicted of one or more criminal offensesIt prohibits employers from denying or terminating employment on the basis of an applicant’s or employee’s prior criminal convictions, except for two narrowly defined exceptions.

The two exceptions to hiring or continued employment of an individual with criminal history are:

  1. Where there is a direct relationship between one or more of the previous criminal offenses and the employment sought or held by the individual, or
  2. The granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

Employers must consider the following factors when making decisions about employment or continued employment of individuals with criminal history:

  1. The public policy of the state, as expressed in the law, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
  2. The specific duties and responsibilities necessarily related to the employment sought or held by the person;
  3. The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties or responsibilities;
  4. The time which has elapsed since the occurrence of the criminal offense or offenses;
  5. The age of the person at the time of occurrence of the criminal offense or offenses;
  6. The seriousness of the offense or offenses;
  7. Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct, and
  8. The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.

Employers must inform applicants and employees of Article 23-A in three different ways:
First employees must post a copy of the law in the workplace that is accessible to employees and in a visually conspicuous manner. (NY Labor Law Article 7 § 201) It is usually posted along with other required state and federal posters.

Second, employers are required to provide a copy of Article 23-A to any applicant subject to a background check. (NY General Business Law § 380) This is usually done at the beginning of the application process by attaching a copy of the Article to the job application form, or as part of the background check authorization and disclosure process. As a best practice, the applicant should be required to acknowledge in writing that he or she received a copy of Article 23-A.

Third, a copy of Article 23-A must be given to an applicant whenever a consumer report containing criminal conviction information is given to the employer. (NY General Business Law § 380) A complete copy of Article 23-A should be sent to the consumer along with a copy of the consumer report.

Article 23-A is enforced by the New York Division of Human Rights Division and the City Commission on Human Rights.

New York Correction Law Article 23-A: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@SLCOR0A23-A+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=50784808+&TARGET=VIEW

NY Labor Law Article 7 § 201-f: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$LAB201-F$$@TXLAB0201-F+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=06031469+&TARGET=VIEW

New York General Business Law § 380-d: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$GBS380-D$$@TXGBS0380-D+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=01628628+&TARGET=VIEW

New York General Business Law § 380-g: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$GBS380-G$$@TXGBS0380-G+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=01628628+&TARGET=VIEW


Tag Cloud
Categories
Recent Posts

Latest News

  • May 18 In search of more personnel and considering normalization, some major employers have elected to drop pre-employment drug screens for marijuana. As the opioid epidemic continues, there is still a role for workplace drug tests.
  • May 15

    A Congressional IT contractor who is facing bank fraud, a class-action lawsuit, and allegations of cyber breach never underwent a background check. Congressional guidelines recommend background screenings but have a loophole that makes it possible to skip them.


  • May 10 Are SSN background checks essential, or even necessary? We look at what Social Security Number data can and cannot do in the background check process.
  • May 10

    In the wake of an attack in which the perpetrator used a rental vehicle to strike pedestrians, and with a growing number of such attacks around the world in recent years, rental companies must consider how to address the issue. Effective security measures have proven difficult to implement.


  • May 08 Some statistics suggest employers aren’t running international background checks. In a job market where foreign candidates are increasingly common, this oversight can be dangerous.
  • May 03

    Despite player numbers in the millions, the primary sanctioning body for youth soccer in the United States established no standard policy requiring background checks. They face legal jeopardy due to the actions of abusive coaches. 


  • May 03 Are you applying for a job with Starbucks? Here’s what to expect from the background check process.
  • May 02 — Further restrictions have been placed on employers that inquire about prior criminal records. Timeframes have been adjusted and asking about expunged records is prohibited. 
  • May 01 Uber is expanding its background check policies. Going forward, the company will incorporate repeat background checks and ongoing criminal monitoring into its driver screening processes.
  • April 28 Airport background checks are governed by the TSA and FAA. They typically include employment history checks, criminal history searches, and a few other elements.