| New York Employers - New Law Takes Effect On February 1, 2009 | ||
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New York recently enacted legislation that will impact all New York companies that obtain criminal background checks on job applicants and employees. Under the new law, beginning February 1, 2009, New York companies who obtain criminal background checks on applicants/employees must provide those individuals with a copy of the Article 23-A of the Corrections Law: “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses.” The copy should be provided before the criminal history report is requested, and it should be provided again to those persons whose history comes back with a record. Also, a copy of Article 23-A of the Corrections Law should be posted conspicuously in the workplace. The clear intent is to inform employers that they should only deem the existence of a criminal record as a basis of adverse action against an applicant or employee after considering multiple factors listed in the law. Section 754 of the chapter also points out that if a person with a conviction has been denied employment, within 30 days of the individual’s request, he/she shall receive a written statement from the employer setting forth the reason for the denial. Click Here For A Full Copy Of The Law Please call ESS Customer Service if you have any questions. 1-800-473-7778
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