Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
Summary
This bill amends the New York State Human Rights Law to prohibit prospective employers from asking about an applicant’s criminal convictions, or taking adverse action based on those convictions, until after the employer has made a conditional offer of employment. The measure applies broadly to employers, including state and local government entities, unless another statute specifically requires or permits the inquiry.
After a conditional offer is made, the employer may still withdraw the offer, but only in accordance with Article 23-A of the Correction Law. That means the employer must determine that the conviction has a direct relationship to the job or that hiring the person would create an unreasonable risk to property, safety, or welfare. The bill takes effect 90 days after becoming law.
Impact
The bill would expand existing anti-discrimination protections in Executive Law section 296 by adding a new unlawful discriminatory practice related to criminal history inquiries in hiring. It would effectively create a statewide “ban-the-box” style rule for employers, delaying criminal background questions until after a conditional offer and limiting when a conviction can be used to rescind that offer. The law would affect private employers as well as public employers and political subdivisions, while preserving exceptions where other laws require or allow criminal history screening.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented legislative debate or voting pattern to assess. Based on the bill text alone, the measure appears to reflect a reform-oriented approach aimed at reducing barriers to employment for people with criminal records while still preserving employer discretion for job-related safety concerns.
Contention
The main point of potential contention is the balance between fair hiring and employer screening authority. Supporters would likely emphasize second-chance employment and preventing early-stage discrimination against applicants with convictions, while opponents or cautious stakeholders may argue that employers need access to criminal history earlier in the process to protect workplace safety, reduce liability, and make informed hiring decisions. The bill addresses this tension by allowing post-offer review under Article 23-A, but disputes may remain over what counts as a direct relationship or unreasonable risk.
Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.
Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.
Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.
In preliminary provisions, further providing for criminal history of employees and prospective employees and conviction of certain offenses and for employment history review.
Relates to the liability of an employee committing an unlawful discriminatory practice; creates joint and several liability for employers and employees responsible for unlawful discriminatory practices.
Relates to the liability of an employee committing an unlawful discriminatory practice; creates joint and several liability for employers and employees responsible for unlawful discriminatory practices.
Labor: fair employment practices; certain noncompete agreements; prohibit employers from requiring employees to enter into unless certain conditions are met. Amends sec. 4a of 1984 PA 274 (MCL 445.774a).
Prohibiting an employer from relying on information about a prospective employee’s compensation when making employment decisions or inquiring about a prospective employee’s compensation and from restricting an employee’s right to disclose compensation information, allowing actions in circuit court, and providing a penalty. (FE)