Ban-the-Box

Covered Employers: 5 or more employees.
Exempted Employers: None
When Can Inquiry be made?:
Cannot make inquiry into an applicant’s criminal history until AFTER a conditional offer of employment.
This means employers cannot seek information regarding an applicant’s criminal history (including conducting a background check) until after a conditional offer of employment.

At no time (with limited exception), can an employer inquire into:

• Arrest not followed by conviction
• Referral to or participation in a pretrial or post-trial diversion program
• Convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law.

Adverse Action Requirements:
Employers Must Consider the following before making a preliminary decision:

• Nature and gravity of the offense or conduct;
• The time that has passed since the offense or conduct and completion of sentence;
• Nature of the job held or sought

If an employer makes a preliminary decision that the conviction history disqualifies them, the candidate must be notified in writing.  Notice should include:

• Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer.
• A copy of the conviction history report.
• Explanations of the applicant’s right to respond to the notice before the decision becomes final. Explanation shall inform the applicant that their response may include submission of evidence challenging the accuracy of the report, evidence of rehabilitation and/or mitigating circumstances.

If, within the 5 business days, the applicant notifies the employer in writing that they dispute the accuracy of the conviction history report and are taking specific steps to get evidence supporting that assertion, then the applicant will have five more business days to respond to the notice.

Employer should consider additional information provided by applicant prior to making a final decision.

If the employer makes a final decision to deny employment based on the conviction history, the employer must notify the applicant in-writing. Including the following:

• Final denial or disqualification.
• Employer may, but not required to justify or explain the reasoning for the final decision.
• Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration.
• Right to file a complaint with Department of Fair Employment and Housing.

Covered Employers:  Effective on 09/01/2019 for employers with 11 or more employees and  for all employers effective 09/01/2021

Exempted Employers:

It does not apply to the state, any local government, or any quasi-governmental entity or political subdivision of the state. It also will not apply to a position being offered or advertised if:

• federal, state, or local law or regulation states that someone with a specific criminal history cannot work in the position sought;
  the position is designated by the employer to participate in a federal, state, or local government program to encourage the employment of people with criminal histories;
• or the employer is required by federal, state, or local law or regulation to conduct a criminal history record check for that position, regardless of whether the position is for an employee or an independent contractor.

When can Inquiry be made?:
Employers are prohibited from requiring disclosure of an applicant’s criminal history on an initial written or electronic application form.

Employers are also prohibited to:

• state in any advertisement for the position that a person with a criminal history may not apply for the position;
• state on any form of application, whether written or electronic, that a person with a criminal history may not apply for the position; or
• inquire into, or require disclosure of, an applicant’s criminal history on an initial written or electronic application form.

Adverse Action Requirements: n/a

Covered Employers: 1 or more employees
Exempted Employers:
(1) when an employer is obligated pursuant to a federal or state law to ask about such criminal history for the position in question; and
(2) when a position requires a security, fidelity, or equivalent bond.
When can Inquiry be made?:
Any time after the application is completed.
Adverse Action Requirements: n/a

Covered Employers: No minimum amount of employees.
Exempted Employers:
shall not apply to employers who are expressly permitted to inquire into an individual’s criminal history for employment purposes pursuant to any federal or state law.
When can inquiry be made?
After a conditional offer of employment.
Adverse Action Requirements?: Employers should NOT consider felony convictions older than 7 years and misdemeanors older than 5 years in making hiring decisions with limited exceptions.

Covered Employers: 15 or more employees
Exempted Employers:
(1) employers are required to exclude applicants with
certain criminal convictions from employment due to
federal or State law; or
(2) a standard fidelity bond or an equivalent bond is
required and an applicant’s conviction of one or more
specified criminal offenses would disqualify the applicant
from obtaining such a bond, in which case an employer may
include a question or otherwise inquire whether the
applicant has ever been convicted of any of those offenses.
(3) employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act.
When can Inquiry be made?:
Once individual has been determined qualified for the position and notified of an impending interview, or, if the applicant will not be interviewed, until after a conditional offer of employment is made.
Adverse Action Requirements?: 
Employer cannot use a criminal conviction to deny employment, retention, promotion unless:

Covered Employers: All
Exempted Employers: Positions where federal or state law disqualify individuals with a specific offense.  Question must only seek information related to the specific disqualifying offense. 

When can Inquiry be made?: during the job interview or once the prospective employee has been determined otherwise qualified for the position.

Employers are prohibited from inquiring into criminal history on the initial job application or stating in advertisements that individuals with criminal history may not apply or be considered for a position.

Adverse Action Requirements?: n/a

Covered Employers: 15 or more employees
Exempted Employers: Employer that provides programs, services or direct care to minors or vulnerable adults. 

When can Inquiry be made?: Not before the first interview. During the interview the employer may inquire into the criminal history of the applicant. 

Adverse Action Requirements?: n/a

Covered Employers: Employers that conduct 5 or more background reports a year.
Exempted Employers: (1) the applicant is applying for a position for which any federal or state law or regulation creates a mandatory or presumptive disqualification based on a conviction of certain criminal offenses; or (2) the employer is subject to an obligation under any federal or state regulation not to employ persons in one or more positions who have been convicted of certain criminal offenses.
When can Inquiry be made?: After the initial job application

Adverse Action Requirements:

Should the consumer be denied employment, or other adverse action taken, in whole or in part on the basis of criminal information contained in the report, Employer will provide to the applicant or employee:

1. A copy of the background report including the criminal record information BEFORE speaking to the applicant about the criminal record.
2. A copy of the company’s Background Check Policy
3. A copy of the Massachusetts Information Concerning the Process In Correcting a Criminal Record 
4. Employers must document their steps taken to comply with the regulations.

Covered Employers:There is no minimum number of employees.
Exempted Employers:
does not apply to the Department of Corrections or to employers who
have a statutory duty to conduct a criminal history background check or otherwise take into
consideration a potential employee’s criminal history during the hiring process.
When can Inquiry be made:
applicant has been selected for an interview or has been provided a conditional, offer of employment.
Adverse Action Requirements: n/a

Covered Employers: 15 or more employees
Exempted Employers:
a. The employment sought or being considered is for a position in law enforcement, corrections, the judiciary, homeland security or emergency management;
b. The employment sought or being considered is for a position where a criminal history record background check is required by law, rule or regulation, or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by any law, rule or regulation, or where any law, rule, or regulation restricts an employer’s ability to engage in specified business activities based on the criminal records of its employees; or
c. The employment sought or being considered is for a position designated by the employer to be part of a program or systematic effort designed predominantly or exclusively to encourage the employment of persons who have been arrested or convicted of one or more crimes or offenses.
When can inquiry be made?: after the first interview
Adverse Action Requirements: A copy of the NJ Fair Credit Reporting Act Summary of Rights should be include with AA notices

Covered Employers: All
Exempted Employers:
none
When can inquiry be made?: law states employer “may take into
consideration an applicant’s conviction after review of the
applicant’s application and upon discussion of employment
with the applicant.”
Adverse Action Requirements: n/a

Covered Employers: All, no minimum number of employees.
Exempted Employers:
Those who are required by federal, state, or local law to consider an applicant’s criminal history;
Those who are law enforcement agencies;
Those in the criminal justice system (not defined by this law); and
Those seeking a non-employee volunteer.
When can Inquiry be made:
may not require job applicants to disclose criminal convictions prior to an initial interview. If no interview is conducted, the law prohibits employers from disclosing criminal convictions prior to making a conditional offer of employment.
Adverse Action Requirements: n/a

Covered Employers: 4 or more Employees.
Exempted Employers:Law Enforcement Agencies. (1) the employer is precluded by law from hiring persons with specified criminal records, and (2) a standard fidelity bond or an equivalent is required for the position and one or more prior offenses would disqualify the applicant from obtaining such a bond. In both circumstances, the pre-interview question must be narrowly tailored to the potentially disqualifying offenses.
When can Inquiry be made: Not before the first job interview

Covered Employers: No minimum number of employees.
Exempted Employers:(A)(i) the prospective employee is applying for a position for which any federal or State law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or (ii) the employer or an affiliate of the employer is subject to an obligation imposed by any federal or State law or regulation not to employ an individual, in either one or more positions, who has been convicted of one or more types of criminal offenses; and No. 81 Page 2 of 3 2016 VT LEG #316788 v.1 (B) the questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.
When can Inquiry be made: during an interview or once the prospective employee has been deemed otherwise qualified for the position. 

Covered Employers: More than 10 employees.
Exempted Employers:
(1) Where any federal or District law or regulation requires the consideration of
an applicant’s criminal history for the purposes of employment; or
(2) To any positions designated by the employer as part of a federal or District
government program or obligation that is designed to encourage the employment of those with
criminal histories.
When can Inquiry be made: After conditional offer of employment.
Adverse Action Requirements: Can only withdraw offer of employment for a legitimate business reason. The reason must take into account 6 factors:
1) the specific duties and responsibilities related to the job sought,
2) the bearing the crime will have on the applicant’s ability to perform his or her job duties, 3) the time elapsed since the occurrence of the criminal offense,
4) the age of the applicant at the time of the crime,
5) the frequency and seriousness of the crime, and
6) information produced by the applicant establishing rehabilitation or good conduct.

Covered Employers: The law broadly defines employer to include “public agencies, private individuals, businesses and corporations, contractors, temporary staffing agencies, training and apprenticeship programs, and job placement, referral, and employment
agencies.”
Exempted Employers:
• Any employer hiring a person who will or may have unsupervised access to children under the age of 18 or a vulnerable
adult or person as defined elsewhere in state law;
• Any employer, including a financial institution, who is expressly permitted or required under any federal or state law to inquire into, consider, or rely on information about an applicant’s or employee’s criminal record for employment purposes;
• Certain law enforcement or criminal justice agencies;
• Employers seeking non-employee volunteers; or
• Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined in section 3(a)(26) of the Securities and Exchange Act.
When can Inquiry be made?:
after the employer initially determines that the
applicant is “otherwise qualified” for the position. An applicant is considered “otherwise qualified” if he or she meets the basic criteria for the position as set out in any job advertisement or job description without consideration of a criminal record.

Adverse Action Requirements:

A SUMMARY OF YOUR RIGHTS UNDER THE WASHINGTON FAIR CREDIT REPORTING ACT should be included with the pre-adverse action notice.

Note: This statewide law does NOT pre-empt the more restrictive city law in Seattle.

Covered Employers: 15 or more employees
Exempted Employers:
(1) employers are required to exclude applicants with
certain criminal convictions from employment due to federal or State law;
(2) a standard fidelity bond or an equivalent bond isrequired and an applicant’s conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, in which case an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or
(3) employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act.
When can inquiry be made: applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency. 

Covered Employers: 1 or more employee in the county
Exempted Employers: employer provides programs, services, or direct care to minors or “vulnerable adults” r where the employer must inquire into an applicant’s criminal history as a matter of federal, state, or county law or regulation.  Also exempted from the law are various county agencies (such as the police, fire, and corrections departments) and positions that require federal government security clearance.
When can inquiry be made?: after conditional offer of employment.

At no time can an employer require an applicant to disclose whether:

 The applicant has an arrest record or a conviction record for, or otherwise has been accused of:

a. A first conviction for:

i. Trespass (under Sections 6-402 or 6-403 of the Criminal Law Article of the Maryland Code);

ii. Disturbance of the peace (under Section 10-201 of the Criminal Law Article of the Maryland Code); or

iii. Assault in the second degree (under Section 3-203 of the Criminal Law Article of the Maryland Code);

b. A conviction of a misdemeanor if at least three years have passed since:

i. The date of the conviction; and

ii. The date that any period of incarceration for the misdemeanor ended; or

c. A matter for which records:

i. Are confidential under Section 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or

ii. Have been expunged under Sections 10-101-10-110 of the Criminal Procedure Article of the Maryland Code.

Adverse Action Requirements: Provide a copy of the “criminal report” and notice of intention to revoke job, promotion, etc. and allow for 7 days for applicant to supply “notice of evidence of the inaccuracy of any item or items on which the intention to rescind the conditional offer is based.” employer also must “delay” the adverse action for a “reasonable period” after receiving the information, and reconsider the intended action in light of the information.  And, should the employer take a final adverse action, it must notify the applicant within 7 days of the decision.

Covered Employers: 25 or more employees in the county
Exempted Employers: where the employer provides programs, services, or direct care to minors or “vulnerable adults” (i.e., an adult who lacks the physical or mental capacity to provide for his or her own daily needs);  where the employer must inquire into an applicant’s criminal history as a matter of federal, state, or county law or regulation; or to various county agencies or to positions that, in the judgment of the County, have access to confidential or proprietary business or personal information, money or items of value, or involve emergency management.
When can inquiry be made?: Conclusion of first interview
Adverse Action Requirements: when an employer intends to rescind a conditional offer of employment based on an applicant’s criminal history, it not only must provide the applicant with a copy of the “criminal record report” and notify the applicant of the intention to revoke (consistent with FCRA), it also must specify the “items that are the basis for the intention”;  before rescinding the applicant’s conditional offer, the employer also must afford the applicant at least 7 days (as opposed to the recommended 5 business days under FCRA) to furnish “notice of evidence of the inaccuracy of any item or items on which the intention to rescind the conditional offer is based”; and  should the employer ultimately decide to rescind the applicant’s conditional offer, it must notify the applicant in writing of the decision.

Effective: 07/2020
Covered Employers: 15 or more employees.
Exempted Employers: employer hiring for positions where certain convictions or violations are a bar to employment in that position under New York State or Federal law shall not be constrained from asking questions about those convictions or violations;  any public or private school, nor to any public or private service provider of direct services specific to the care or supervision of children, young adults, senior citizens, or the physically or mentally disabled.
When can inquiry be made?: After first interview
Adverse Action Requirements: Follow Article-23 requirements

Covered Employers: All employers
Exempted Employers: None
When can inquiry be made?: After initial application is received.
Adverse Action Requirements: Before taking any adverse employment action based on criminal history, employer must follow analysis procedures outlined in NY Article 23-A and the analysis may be requested by the applicant.  If requested, the employer must provide a written statement setting forth the reasons for such denial

Covered Employers: 10 or more employees

When can inquiry be made?: After conditional offer of employment

Adverse Action Requirements: may not take adverse action without performing a written assessment that effectively links specific aspecs of the criminal history with risks inherent in the duties of the position.

Los Angeles has provided a form for Employers to use to complete their assessment:Los Angeles – Individual Assessment and Reassessment Form.

• Los Angeles has provided a sample letter for Employers. The details in this letter can be incorporate into the Pre-Adverse notice.
• Employers should provide the candidates a copy of the Assessment
• Allow the candidate, at least, 5 days to submit information refuting the findings of the assessment.
  • If the applicant provides additional information, the employer must review and assess the additional information.
  • Employer must complete the reassessment portion of the Individualized Assessment Form and provide to the applicant informing them of their ultimate decision.
• Employer must retain records of such adverse action assessments for a period of three years from the date of the initial application.

Covered Employers: 5 or more employees.
Exempted Employers: Employers may inquire about criminal
convictions outside of the time periods where required by federal or state law or a government agency implementing federal or state law.
When can inquiry be made: After first interview.
Adverse Action Requirements:

Employers may NOT consider: 

• An arrest not leading to a conviction, except for unresolved arrests.
  Participation in a diversion or deferral of judgment program.
• A conviction that has been dismissed, expunged, otherwise invalidated, or inoperative.
• A conviction in the juvenile justice system.
• An offense other than a felony or misdemeanor, such as an infraction.
• A conviction that is more than 7 years old (unless the position being considered supervises minors or dependent adults).
• A conviction for decriminalized conduct, including the non-commercial use and cultivation of cannabis.

Adverse Action notice requirements: 

(1) Employers must provide a copy of the background report and inform the applicant of the specific concerning information.
(2) If within 7 days the applicant provides evidence of the inaccuracy of the item(s) of the conviction history or evidence of rehabilitation and /or mitigating factors the employer shall delay the adverse action for a reasonable period and consider the new information.
(3) Employers must conduct an individualized assessment considering only directly related convictions, the time that has elapsed since the conviction or unresolved arrest and any evidence of inaccuracy, rehabilitation or mitigating factors.

Covered Employers: 15 or employees
Exempted Employers: none
When can inquiry be made: after conditional offer of employment
Adverse Action Requirements:
Prohibited from making an adverse hiring decision based on arrest or PENDING charge. 

Prohibited from making an adverse hiring decision based on an applicant’s criminal record without a legitimate business reason. 

Covered Employers: All Employers
Exempted Employers:Applicants licensed under EMS systems act; employers subject to state or federal laws that require applicants with certain criminal convictions to be excluded from employment; employers that require a standard fidelity bond where the conviction would disqualify the individual for a bond.
When can inquiry be made:individual is determined qualified for the position and notified that he or she will be interviewed. if there will be no interviews, after a conditional offer of employment has been made.
Adverse Action Requirements: If a private employer or City agency decides not to hire an applicant based, entirely or partially, on the applicant’s criminal record or history, the employer is required to inform the applicant of the basis for its decision.

Covered Employers:10 or more full-time employees in the city of Baltimore
Exempted Employers:
(A)DOES NOT APPLY TO ANY INQUIRY OR OTHER ACTION THAT IS REQUIRED OR
EXPRESSLY AUTHORIZED BY SOME OTHER APPLICABLE LAW AN APPLICABLE FEDERAL,STATE, OR CITY LAW OR REGULATION.
(B) FACILITIES SERVICING MINORS OR VULNERABLE ADULTS.
(1) IN THIS SUSECTION, “VULNERABLE ADULT” MEANS AN ADULT WHO LACKS THE
PHYSICAL OR MENTAL CAPACITY TO PROVIDE FOR HIS OR HER OWN DAILY NEEDS.
(2) THIS PART 2 DOES NOT APPLY TO ANY FACILITY OR EMPLOYER THAT PROVIDES
PROGRAMS, SERVICES, OR DIRECT CARE TO MINORS OR TO VULNERABLE ADULTS.
When can inquiry be made?: after conditional offer of employment.
Adverse Action requirements: n/a

Covered Employers: All employers
Exempted Employers: Positions where federal, state or local law or regulations require employers to exclude applicants with certain criminal convictions. Second, if a standard fidelity bond or other bond is required for the position and certain convictions would disqualify the applicant from obtaining the bond, the employer may inquire about convictions for those offenses. Finally, if the employer hires individuals licensed under the Emergency Medical Services Systems Act, the Ordinance does not apply.
When can inquiry be made: after conditional offer of employment
Adverse Action Requirements: N/A

Covered Employers: Employers with 6 or more employees

Exempted Employers: does not apply to positions where employers are required to exclude applicants with certain criminal convictions from employment due to local, state or federal law or regulation.

When can Inquiry be made?: After it has been determined that the individual is otherwise qualified for the position, and only after the applicant has been interviewed for the position. Such inquiry may be made of all applicants who are within the final selection pool of candidates from which a job will be filled.

Adverse Action Requirements:   Unlawful For an employer to base a hiring or promotional decision on an applicant’s criminal history or sentence related thereto, unless the employer can demonstrate that the employment–related decision was based on all information available including consideration of the frequency, recentness and severity of a criminal record and that the record was reasonably related to the duties and responsibilities of the position.

Covered Employers: 10 or more employees.

Effective:01/01/2021

Exempted Employers: Employers may not inquire into, or require disclosures of criminal history on initial application forms and other forms used in the initial phase of the hiring process, or seek to obtain publicly available information concerning job applicants’ criminal history unless required to exclude applicants with certain criminal histories due to local, state, or federal law or regulation

When can Inquiry be made?: May not inquire about an applicant’s criminal history
until after it has been determined the applicant is otherwise qualified for the position, and only after they have been interviewed for the position except such an inquiry may be made of all applicants in the final selection pool from which the position will be filled

Adverse Action Requirements:   Employers may not base their job hiring or promotion decisions on applicants’ criminal histories unless an employer can demonstrate their decision is based on all available information including the frequency, recentness and severity of a criminal history and that the history is reasonably related to or bears upon the duties and responsibilities of the position.

Covered Employers: 15 or more employees
Exempted Employers:An employer hiring for positions where certain convictions or violations are a bar to employment in that position under NY state or Federal law. (2) Department of Police/Fire or any other employer hiring “police/peace officer” (3) provider of direct services specific to the care or supervision of children, young adults, senior citizens, or the physically or mentally disables.
When can inquiry be made?: after application has been submitted and not before a first interview.
Adverse Action Requirements: NY 23-A

Covered Employers: 4 or more employees
Exempted Employers: none
When can inquiry be made?: After conditional offer of employment.
Note: There can be no reference to a criminal background prior to the offer, this includes references in disclosure and authorizations the applicant may receive prior to a conditional offer of employment.
After the conditional offer, if the employer wishes to inquiry, the city has provided a sample of the question:
Have you ever been convicted of a misdemeanor or felony? Answer “NO” if your conviction: (a) was sealed, expunged, or reversed on appeal; (b) was for a violation, infraction, or other petty offense such as “disorderly conduct;” (c) resulted in a youthful offender or juvenile delinquency finding; or (d) if you withdrew your plea after completing a court program and were not convicted of a misdemeanor or felony.

Adverse Action Requirements:
If the report contains a criminal record and the criminal information is the basis for the adverse hiring decision, Employers must apply the factors to consider under Corrections Law 23-A.

In addition to potential employees/employees, the Fair Chance Act requirements also apply to freelancers and independent contractors

Factors to consider are:

• New York public policy encourages the employment of people with criminal records.
• The specific duties and responsibilities of the prospective job.
• The bearing, if any, of the person’s alleged or convicted crime on their fitness or ability to perform one or more of the job’s duties or responsibilities.
• For convictions, the time that has elapsed since the occurrence of the events that led to the applicant’s criminal conviction, not the arrest or conviction itself. (You can skip this step if you are considering a person’s pending case.)
• The age of the applicant when the events that led to their alleged or convicted crime occurred. (If they were 25 or younger, you should treat that as a mitigating factor.)
• The seriousness of the applicant’s conduct leading to the charge or conviction. Note that the Commission does not consider convictions or charges for possession or sale of a controlled substance to be particularly serious.
• Any information produced by the applicant, or produced on the applicant’s behalf, regarding their rehabilitation or good conduct.
• The legitimate interest of the employer in protecting property and the safety and welfare of specific individuals or the general public.
• If an applicant has a certificate of relief from disabilities or a certificate of good conduct, you must presume they are rehabilitated. The absence of such a certificate is not evidence of a lack of rehabilitation or good conduct.

Pending Convictions

If the report includes pending criminal cases, the employer must follow similar steps

• • The employer must disclose the results of its criminal background check to the applicant or employee. 
  • The employer must affirmatively request information from the applicant or employee that relates to the relevant Seven Fair Chance Factors.
  • After requesting relevant information from the applicant or employee, the employer must perform an analysis considering the applicable Fair Chance Factors and provide the individual with a written copy of its analysis. 
  • Allow the applicant or employee a reasonable time to respond before taking adverse action and consider any additional information they provide. 

Providing Results to Applicant

• The evaluation must be in-writing and supplied to the applicant. The City has supplied a form for the employer to complete the evaluation.
• Employers must also supply any other documents used in the evaluation, including: If you relied upon oral information, summarize your conversation and the information obtained in writing. This includes information from the applicant him/herself.
• Once the notice is received, you must hold the position open for 5 business days to allow the applicant to respond or dispute the information in the report.
• If the applicant does not respond or you otherwise continue to proceed to rescind the offer, you must supply the Adverse Action notice per FCRA requirements.

The City has provided guidance for employers to assist them with compliance with the law.

Covered Employers: employer located in Rochester with 4 or more employees.
Exempted Employers: employers who are otherwise authorized by another law or by a licensing authority to inquire about criminal convictions; employers hiring for positions where certain convictions are a bar to employment under New York or federal law may inquire about those convictions during the application process.
When can Inquiry be made: after the initial interview
Adverse Action Requirements: NY 23-A

Covered Employers: 6 or more employees
Exempted Employers:federal, state or local law requires consideration of crim history; law enforcement agency; nonemployee volunteers.
When can Inquiry be made?: After offer of employment
Adverse Action Requirements: User green factors and notify in writing if rescinding offer identifying the relevant criminal conviction.

Covered Employers: No minimum
Exempted Employers:Law Enforcement Agencies; shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized by any other applicable law.
When can inquiry be made: conditional offer of employment
Adverse Action Requirements: provide copy of report in-writing. Employee is permitted 10 days to contest the accuracy. Ignore any criminal record unless the conviction occurred less than 7 years ago. Establish a process for individualized assessment that considers the following factors:

1. The nature of the offense
2. The time that has passed since the offense
3. The applicant’s employment history before and after the offense and any period of incarceration
4. The particular duties of the job being sought
5. Any character or employment references provided by the applicant
6. Any evidence of the applicant’s rehabilitation since the conviction

Covered Employers: 15 or more employees
Exempted Employers:US federal employers, sate or any state agencies, if federal, state or local law disqualifies an individual based on history
When can inquiry be made: After conditional job offer
Adverse Action Requirements: if taking adverse action an employer must inform candidate in writing that the adverse action was based on criminal history.

Covered Employers: 15 or more employees
Exempted Employers: Non-profits, state agencies, and government bodies are exempt.
When can inquiry be made: After initial job application
Adverse Action Requirements: n/a

Effective 01/01/2022

Covered Employers:1 or more employees. Any employee that spends more than 50% of employment within city limits
Exempted Employers:Does not apply to volunteers; Law enforcement;Policing;Crime prevention;Security;Criminal justice;Private investigation services.  Individuals who have or may unsupervised access to the following individuals during the course of their employment: Children under sixteen years of age; Developmentally disabled people; or Vulnerable adults.
When can inquiry be made?: after employer has determined applicant meets the minimum requirements for the job.
Adverse Action Requirements: If denying employment, employer must give specific reason or concerning information.  Employers must have a legitimate business reason for denying employment. A “legitimate business reason” shall exist where, based on information known to the employer at the time the employment decision is made, the employer believes in good faith that the nature of the criminal conduct underlying the conviction or the pending criminal charge either:

1. Will have a negative impact on the employee’s or applicant’s fitness or ability to perform the position sought or held, or

2. Will harm or cause injury to people, property, business reputation, or business assets,

and the employer has considered the following factors:

a. the seriousness of the underlying criminal conviction or pending criminal charge, and;

b. the number and types of convictions or pending criminal charges, and;

c. the time that has elapsed since the conviction or pending criminal charge, excluding periods of incarceration, and;

d. any verifiable information related to the individual’s rehabilitation or good conduct, provided by the individual, and;

e. the specific duties and responsibilities of the position sought or held, and;

f. the place and manner in which the position will be performed.