Legislation concerning the review of criminal history during the employment application process for employers in New York City with more than 4 employees takes effect October 27, 2015. The text of the legislation is found on the following link:
REMINDER for Providers: The decision to request a criminal background check for an Applicant should only be made after the Provider has reviewed the Applicant Consent for Fingerprinting Form completed by the Applicant:
Requests for a criminal background check with the Justice Center are conducted pursuant to State law and should only be submitted:
· After a Staff Exclusion List has been completed;
· For Applicants who will have “regular and substantial, unsupervised or unrestricted contact” with service recipients of the program; and
· After the Provider has made a determination that it intends to offer the Applicant a position.
The Justice Center is unable to provide specific legal advice to a Provider concerning its employment process and generally suggest that Providers seek their own legal counsel on such questions. However, the relevant legislative language concerning whether this legislation affects criminal background checks performed by the Justice Center is set forth below at subdivision 11-a(e).
11-a. Arrest and conviction records; employer inquiries. …
(e) This subdivision shall not apply to any actions taken by an employer or agent thereof pursuant to any state, federal or local law that requires criminal background checks for employment purposes or bars employment based on criminal history. For purposes of this paragraph federal law shall include rules or regulations promulgated by a self-regulatory organization as defined in section 3(a)(26) of the securities exchange act of 1934, as amended.