New Regulations Impacting Employment Screening in New York

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New York City (NYC) has passed two new regulations in recent months that place additional responsibilities on employers conducting employment background checks. These laws are now coming into effect and employers should be prepared to comply with both:

  • Limits to the use of credit checks
    We had previously discussed Bill 261-A, which limits the common practice of using consumer credit history for making employment decisions during hiring. This legislation applies to employers and City agencies, though it generally allows for broad categories of exemptions for positions such as police and law enforcement, for employees with access to sensitive or financial information, and when required by state or federal regulations. You can find more information on this regulation and a complete listing of the many categories of exemptions available to employers via the NYC Commission for Human Rights.
  • NYC “bans the box”
    New York has also recently joined the growing cadre of states and municipalities that have prohibited inquiring about an applicant’s criminal history prior to an offer of employment. In NYC, like many jurisdictions, criminal background checks may still be conducted after a conditional offer of employment has been made. Commonly known as “ban the box” legislation, this trend intends to minimize pre-hire employment discrimination. For screening in NYC exemptions exist where criminal background checks are required by local, state or federal law, as well as for certain City departments. More information can be found NYC Bill 318-A can be found here.

Employers frequently ask us about changes affecting them under the “Ban the Box” movement. We have created a summary document to help navigate this complex and evolving legislative landscape.

Free Report: State-by-State Guide for Arrest and Conviction Records
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Abdul Rastagar

I lead the Product Marketing team at HireRight. I am a customer advocate, digital and future enthusiast, technologist, and all around curious guy.

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