Effective March 3, 2019, the law will prohibit employers in Westchester County from inquiring about an applicant's criminal conviction or arrest record in employment applications, but will permit employers to inquire about an applicant's criminal history after the employee submits an employment application. Before taking any adverse employment action based on the applicant's criminal history, the employer is obligated to perform an analysis of the applicant's criminal record and other factors under New York State Correction Law Article 23-A.
Employment applications for police officer positions, peace officer positions, or positions at a law enforcement agency are exempt from the law. The law also does not apply to "any actions taken by an employer pursuant to any state, federal or county law that requires criminal background checks for employment purposes or bars employment based on criminal history."
As a best practices measure, it is recommended that Westchester County employers take the time to review their employment applications and ensure they are in accord and compliance with the terms of this new law.
Source: Bond, Schoeneck & King PLLC, 12/5/2018
Posted: January 8, 2019