Pre-Employment Investigations DYK #14

DID YOU KNOW...that under Article 23-A of the New York Correction Law employers may not deny employment on the basis of a criminal conviction?

There are two exceptions to this rule: (i) hiring the applicant would pose an unreasonable risk to property or the safety of specific individuals or the general public, or (ii) the conviction bears a direct relationship to the job. The “direct relationship” defined in Article 23-A “means that the nature of criminal conduct for which the person was convicted has a direct bearing on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity or job in question.”

Article 23-A notes that employers are required to consider the nature of the offense, how long ago the offense occurred and the age of the person at the time of the offense in the decision making process. An employer can be subject to monetary penalties for violating this New York Correction Law.

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