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.