Fri. May 24th, 2024

Many job seekers feel that one poor decision they made as a young person will follow them for the rest of their lives.

If a response to the question is yes, you must check that box. Has a crime ever led to your conviction?

In that case, your prospects of landing the job may be over. New York, though, is on your side.

Background check rules in this country are pretty complex. Still, they both safeguard job applicants and level the playing field for individuals worried about a potential employee’s criminal or financial history.

Consult a knowledgeable New York employment law attorney to proceed with your case.

Laws governing background checks

Is it illegal to conduct a background check without my consent? You may have questioned.

According to the Fair Credit Reporting Act, the answer is indeed (FCRA).

Employers must not only obtain your written consent before running a background check on you, but they also need to let you know if they plan to reject your application due to the findings.

The employer needs to consider each case independently if a criminal background is involved.

A general prohibition on hiring people with criminal backgrounds may be discriminatory under Title VII of the Civil Rights Act of 1964 because arrest and incarceration rates are higher for specific racial groups.

Getting a background check in New York

New York State provides additional background check safeguards.

The Fair Credit Reporting Act of New York prohibits credit reporting companies from disclosing criminal convictions over seven years old or arrests that are not yet in progress.

Employers may accept your application for a position even after learning of a prior conviction if:

  • If the crime directly affects the job you want;; or
  • Hiring you would violate the law and endanger others’ property and well-being.

The statute demands meticulous analysis of whether these exclusions apply because New York has determined that it wants to ensure that people with prior convictions can obtain work.

Employers must specifically take into account the following things:

  • the public policy of New York to promote the hiring of persons with criminal convictions;
  • Unavoidable duties of the job;
  • how the criminal offense affects the person’s capacity to perform the job;
  • what period has elapsed;
  • Offender’s age when convicted;
  • the gravity of the offense;
  • any proof of the applicant’s recovery or good behavior; and
  • if the employer is entitled to defend its assets or protect others

Employers who violate these regulations risk legal action.