October 19, 2021

Volume XI, Number 292

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October 19, 2021

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October 18, 2021

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NYC Council Passes Law Limiting Employer’s Right to Conduct Criminal Background Checks

The New York City Council passed a bill today precluding employers from doing criminal background checks on applicants until after a conditional offer of employment has been extended to the applicant.  The law would also require certain steps to be taken (similar to those under the Fair Credit Reporting Act) regarding providing information to the applicant about the criminal background check process and results, including providing a three-day period for the applicant to respond to the report.  There are certain limited exceptions, most relating to the public sector.  Employers may do criminal background checks after a conditional offer of employment is made, but are still limited in using the results of the background check by restrictions imposed by the New York State Corrections Law.  Earlier this year, the City Council passed a bill precluding employers from doing credit checks on job applicants.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume V, Number 162
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About this Author

Jerrold Goldberg, Greenberg Traurig Law Firm, Labor and Employment, Real Estate and Education Attorney
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Jerrold F. Goldberg practices in the firm’s Labor & Employment Practice’s Labor-Management Relations group. He has been practicing in virtually all aspects of labor and employment law since 1979, including the traditional labor/union-management area, employment discrimination, executive employment, severance agreements and wage and hour laws. Jerry exclusively represents management clients primarily in the real estate and hospitality industries in transactional matters, including commercial and residential building and hotel sales and purchases, administrative...

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