New Requirements For New York Employers

In New York, effective February 1, 2009, employers must post a copy of Article 23-A of the Correction Law relating to the use of prior convictions. Also, a copy of the statute must be given to individuals who are subject to background checks by the employer.

Article 23-A generally prohibits employment discrimination against persons having one or more criminal convictions, and requires employers to consider a number of factors before firing or refusing to hire such individuals. The statute is inapplicable to certain types of jobs where there is a specific legal bar against hiring those with criminal histories.

The new mandate requires that a copy of Article 23-A be posted in a visually conspicuous manner in an accessible location at the workplace.