New York employers also are reminded that two amendments to the New York Correction Law regarding background checks of prospective employees went into effect on February 1, 2009. Click here for our prior eAuthority discussion concerning these amendments.  

The two amendments to the background check law require employers to: (1) post a copy of Article 23-A “in a visually conspicuous manner”; and (2) provide a copy of Article 23-A to prospective employees before procuring an investigative consumer report on those applicants, or upon receipt of a consumer report that contains criminal conviction information. Article 23-A requires that employers consider the following factors in making a decision as to whether to hire an individual with past criminal offenses:  

  • The relationship between the prior offense and the prospective employee’s ability to perform the specific duties of the position sought;  
  • The length of time elapsed since the offense;  
  • The prospective employee’s age at the time of the offense;  
  • The seriousness of the offense; and  
  • Any information attesting to the prospective employee’s good conduct.