New York has recently enacted new legislation impacting all New York companies who procure criminal background checks on job applicants and employees from third-party background screening companies. The legislation, which amends Section 380-c and 380-g of the General Business Law, becomes effective February 1, 2009.

Under the legislation, companies will generally be required to provide individuals subject to criminal background checks with a copy of a New York statute -- Article 23-A of the Corrections Law -- before requesting a criminal history report from a background screening company and after receiving a report indicating a criminal history "hit." Companies will also be required to post Article 23-A conspicuously in their workplace. Article 23-A of the Corrections Law identifies a list of nine factors that an employer must consider before making an employment decision on the basis of an individual's criminal background. Examples include: (1) the bearing of the criminal offense on the individual's fitness for duty, (2) the time that has elapsed since the occurrence of the crime, (3) the age of the person at the time of the offense, and (4) the seriousness of the offense, among others.

This new law does not alter or eliminate a company's obligation to obtain an individual's consent before conducting a background check.


For a copy of Article 23-A, click here:

http://www.labor.state.ny.us/agencyinfo/PDFs/CorrectionLaw%20Article%2023-A%20_4_.pdf



NOTE: This summary is being provided solely as a courtesy. It is intended to provide a brief snapshot of legislation potentially affecting end-users. It should not be construed as providing a comprehensive discussion of this or any law. This summary should not be construed in any way as legal advice. Parties receiving this summary are encouraged to consult with legal counsel to ensure that they are complying with all applicable laws affecting end-users in their jurisdictions.