New York Updates

Suffolk County Bans the Box

Effective August 25, 2020, the Suffolk County Fair Employment Screening Amendment restricts the County and any other employer with 15 or more employees from inquiring into an applicant's prior criminal convictions during any part of the application process and until after the first interview. The intent of this legislation is to allow applicants with criminal convictions to have more employment opportunities without the stigma of their prior criminal history.

When considering an applicant's prior criminal convictions in determining suitability for employment, an employer must comply with Article 23-A of the New York Corrections Law which requires an employer to conduct an individualized assessment of the impact of the applicant's criminal history on the relevant job. After conducting the individualized assessment, an employer has the authority to withdraw conditional offers of employment for any lawful reason, including a determination that:

• The candidate has a conviction bearing a direct relationship to the position's duties and responsibilities; or
• Hiring the candidate would pose an unreasonable risk to property or to the safety of individuals or the general public.

The law also contains exceptions and enforcement procedures. Aggrieved individuals can contact and initiate the complaint process with the local Human Rights Commission.

NYC Commission Adds Exceptions to Pre-Employment Testing for Marijuana and THC

NYC Commission on Human Rights has made exceptions from the prohibition of testing for marijuana and THC to employees in certain positions. Examples include those positions requiring an employee to:

• Work on an active construction site regularly or within one week of beginning employment;
• Operate heavy machinery regularly; or
• Operate a motor vehicle on most work shifts

See further details here.