New York recently enacted new legislation, (The New York Corrections Law) impacting all NY companies that utilize criminal background checks on job applicants and employees. The law identifies a list of nine factors that an employer must consider before making an employment decision on the basis of a subject's criminal background, with the intent of taking a serious interest in protecting those individuals.

The new amendments to the General Business Law, which go into effect on February 1, 2009, require that employers must:
1) provide a copy of Article 23-A to any individual subject to a background check,
2) provide a copy of Article 23-A to any individual whose background check reveals a prior criminal conviction, even if the employer is not relying on the conviction to take an adverse employment action, and
3) post a copy of Article 23-A of the Corrections Law noticeably in the workplace.

To view a copy of the Article 23-A Section 753 New York Corrections Law, which includes the nine factors, click here.

If you have any questions or to find out how GIS can assist you with the information in this update click here.