New York has recently enacted new legislation designed to enhance employment opportunities for ex-offenders by increasing protection for applicants/employees with criminal convictions. Article 23-A of the New York Corrections Law provides a list of factors that employers must weigh when making employment decisions, thus placing a greater responsibility on all New York employers.
Effective February 1, 2009, New York employers must provide Article 23-A to applicants both before they request a criminal background check and again when an applicants check reveals a prior criminal conviction, regardless of whether adverse action is to be taken. As part of the requirements, employers must post in a “visually conspicuous manner” a copy of Article 23-A of the Corrections Law in the workplace.
In addition to employers providing Article 23-A, any applicant who has been denied a license/employment may request that a public agency or private employer provide, within 30 days of the request, a written statement setting forth the reasons for such denial.
Further information regarding Article 23-A of the New York Corrections Law
can be accessed through the New York State Department of Labor: Reference Article
