Effective March 4, 2019:  Westchester County employers may not inquire into (in writing or otherwise), or make any statement related to, a criminal conviction or arrest record of any person in an application for employment.  The term “any statement” is defined as “in writing or otherwise to the applicant for purposes of obtaining an applicant’s criminal background information regarding: (i) an arrest record or (ii) a conviction record.”

After submission of an employment application, an employer may inquire about the applicant’s arrest or conviction record.  However, before taking any adverse employment action based on such inquiry, the employer must analyze the applicant’s criminal record.  If requested by the applicant, the employer must provide a written statement setting forth the reasons for the adverse action.

Full text of the Westchester County law.

For more information on these and other laws and whether they affect your state, visit our resource guide at https://www.hireimage.com/background-check-resource-library/

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