March 14, 2014
The New York Attorney General announced agreements with four background check agencies to end illegal hiring practices. The agreements prohibit disqualification of applicants with criminal convictions and require agencies to defer hiring decisions to the employers, who are required to provide individualized consideration under NY state law.
Hire Image does not adjudicate background screening reports as ‘not meeting requirements’ or ‘fail.’ We have often turned away potential customers that ask us to do this. The hiring decision must be made by the employer.
As a reminder for all NY employers, the NYS Law, Article 23-A requires employers to post a copy of Article 23-A and workers must be able to access the posting. https://labor.ny.gov/formsdocs/wp/correction-law-article-23a.pdf
Employers must also follow an eight step analysis in determining whether or not to hire an applicant with a prior conviction:
1. NYS public policy of encouraging employment of ex-offenders.
2. Specific duties and responsibilities necessarily related to the license or employment sought.
3. The bearing the criminal offense will have on his/her ability to perform one or more such duties or responsibilities.
4. The time elapsed since conviction.
5. The age of the applicant at the time of the offense.
6. The seriousness of the offense.
7. Any information produced by the person in regard to his rehabilitation and good conduct.
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.
The NY Attorney General’s March 13th press release can be found here