Cited from Background Buzz, V5, E2

New York Enacts New Laws Regarding Background Checks And Hiring

Effective February 1, 2009, New York employers must comply with new notice requirements regarding background checks for job applicants and employees. These new notice requirements supplement existing notice requirements under New York's General Business and Labor Laws, and require:

• employers requesting an investigative consumer report about a job applicant or employee to provide the job applicant or employee with a copy of Article 23-A of the Corrections Law: "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses";
• employers who receive an investigative consumer report containing criminal conviction information about a job applicant or employee to provide a copy of Article 23-A to the job applicant or employee; and
• employers to post a copy of Article 23-A of the New York State Corrections Law in an area that is largely visible to their employees.

Article 23-A prohibits employers from refusing to hire a job applicant or from taking any adverse action against a current employee based on a prior criminal conviction or because the employer believes the job applicant or employee does not have "good moral character" as a result of a prior criminal conviction. Despite this prohibition, employers may still deny a job applicant employment or take an adverse action against an employee if:

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