New York Correction Law Employer Update

New York Correction Law, Article 23-A, addresses licensure and employment of persons previously convicted of a crime. The law requires employers to consider several factors before deciding whether to refuse to hire, or to terminate, an individual with a prior criminal conviction, including the duties and responsibilities of the job, the seriousness of the offense, the length of time lapsed since the offense, and any possible relation between the job and the offense.

New York employers should take note of the February 2009 amendments to the Correction Law and the new responsibilities it imposes upon them. All New York employers must now post a copy of Article 23-A in a visually conspicuous manner in an accessible location in the workplace. They also must provide a copy of Article 23-A to individuals subject to background checks. A copy of Article 23-A may be downloaded from the New York State Department of Labor Website.