{"id":6062,"date":"2018-10-16T09:38:00","date_gmt":"2018-10-16T13:38:00","guid":{"rendered":"https:\/\/gtm.com\/business\/?p=6062"},"modified":"2024-08-30T11:11:51","modified_gmt":"2024-08-30T15:11:51","slug":"can-new-york-employers-ask-about-arrests-and-convictions","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/can-new-york-employers-ask-about-arrests-and-convictions\/","title":{"rendered":"Can New York Employers Ask About Arrests and Convictions?"},"content":{"rendered":"

\"newSeveral state laws limit the use of arrest and conviction records by prospective employers. These range from rules prohibiting an employer from asking applicants any questions about arrest records to those restricting an employer’s use of criminal history information in making employment decisions.\u00a0Can New York employers ask about arrests and convictions during the job application and interview process?<\/p>\n

In addition to complying with all applicable\u00a0federal<\/a>\u00a0and\u00a0state<\/a>\u00a0nondiscrimination laws, New York employers with\u00a04 or more employees<\/b>\u00a0are generally prohibited from:<\/p>\n

    \n
  1. Inquiring about any arrest or criminal accusation that is\u00a0not yet or no longer pending<\/b>\u00a0against an applicant. However, New York employers are not prohibited from asking an applicant if he or she has any\u00a0current pending arrests or<\/b>\u00a0accusations<\/b>.<\/li>\n
  2. Inquiring about an individual\u2019s arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.<\/li>\n
  3. Requiring the applicant to divulge information about any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.<\/li>\n
  4. Taking any adverse action based on any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.<\/li>\n<\/ol>\n

    Also, New York employers with\u00a010 or more employees<\/b>\u00a0are generally prohibited from discriminating in employment based on prior convictions.<\/p>\n

    Finally, at the request of an applicant previously convicted of one or more criminal offenses whose job application has been denied, the employer must provide a written statement setting forth the reasons for the denial\u00a0within 30 days<\/b>\u00a0of the request.<\/p>\n

    Key Exceptions<\/h2>\n

    New York City<\/b>\u00a0employers with\u00a04 or more employees<\/b>\u00a0are also generally prohibited from:<\/p>\n

      \n
    1. Inquiring about an applicant\u2019s\u00a0salary history<\/b>\u00a0or relying on an applicant\u2019s salary history in determining the salary, benefits or other compensation for the applicant during the hiring process. However, an employer may\u2014without inquiring about salary history\u2014engage in discussion with the applicant about his or her expectations with respect to salary, benefits, and other compensation. In addition, employers may verify and consider current or prior earnings or benefits if the applicant offers this information voluntarily.\u00a0Click here<\/a>\u00a0for additional information.<\/li>\n
    2. Inquiring about an applicant\u2019s criminal history or requesting permission to run a criminal background check until\u00a0after a conditional offer of employment has been made<\/b>. After a conditional offer of employment has been made, the employer may then ask whether the applicant has a criminal conviction history and run a background check, but only after giving notice and receiving the applicant\u2019s permission. Once the employer knows about the applicant\u2019s conviction history, the employer may then ask the applicant about the circumstances that led to the conviction.<\/li>\n
    3. Seeking or considering information pertaining to an applicant\u2019s non-conviction.<\/li>\n<\/ol>\n

      Finally, if a\u00a0New York City<\/b>\u00a0employer with\u00a04 or more employees<\/b>\u00a0wants to revoke a job offer based on an applicant\u2019s criminal record, the employer must:<\/p>\n

        \n
      1. Explain to him or her why using the\u00a0Fair Chance Notice<\/a>;<\/b><\/li>\n
      2. Provide him or her with a copy of any background check conducted by the employer or third-party vendor; and<\/b><\/li>\n
      3. Give him or her\u00a03 business days<\/b>\u00a0to respond.\u00a0<\/b><\/li>\n<\/ol>\n

        Additional requirements and exceptions to the information above may apply to your business<\/b>. For more information, please contact the\u00a0New York State Department of Human Rights<\/a>\u00a0or the\u00a0New York City Commission on Human Rights<\/a>.<\/p>\n

        Want helpful HR information like this at your fingertips? Our HR services<\/a> provide clients with a library of documents, policies, trainings, and much more. Request a free quote<\/a>.<\/p>\n

         <\/p>\n

        Source: “Arrests and Convictions in New York (NY)” by Zywave<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

        Can New York employers ask about arrests and convictions during the job application and interview process?<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[266],"tags":[25,19],"post_folder":[],"class_list":["post-6062","post","type-post","status-publish","format-standard","hentry","category-consulting-services","tag-hiring","tag-human-resources"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6062","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=6062"}],"version-history":[{"count":3,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6062\/revisions"}],"predecessor-version":[{"id":6067,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/6062\/revisions\/6067"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=6062"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=6062"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=6062"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=6062"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}