New York Enacts New Criminal Background Check Obligations for Employers

New York has enacted several new laws affecting an employer’s ability to conduct criminal background checks on applicants and employees. These laws also provide employers additional protection against claims of negligent hiring.

This new legislation modifies New York Correction Law Article 23-A. Article 23-A applies to both public and private employers, and prevents employers from making adverse hiring or termination decisions based on an individual’s conviction record unless: (1) there is a direct relationship between the prior criminal offenses and the specific employment sought or held by the individual; or (2) hiring or continuing to employ the individual poses an unreasonable risk to property or the safety or welfare of specific individuals or the general public.

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