An employer in NY state who employs 10 or more employees may not refuse to hire an applicant based on a prior conviction unless hiring the applicant would pose an unreasonable risk to property, or to public safety, or the conviction bears a direct relationship to the job. The law defines a direct relationship strictly to mean that the nature of the criminal conduct underlying the conviction has a direct bearing on the applicant’s fitness or ability to perform one or more of the duties and responsibilities that are directly related to the job.
An employer that considers an applicant’s prior conviction must look at these eight factors:
- NY State’s public policy to encourage the hiring of those who have been
convicted of crimes. - The duties and responsibilities that are necessarily related to the job.
- Whether the conviction has a bearing on the applicant’s ability to perform
those duties and responsibilities. - How much time has passed since the conviction.
- How old the applicant was at the time of the offense.
- The seriousness of the offense.
- Any information the applicant provides about his or her rehabilitation, and
- The employer’s legitimate interest in protecting property and the safety and
welfare of individuals and the public.
An employer, who decides not to hire someone based on a criminal conviction must, upon applicant’s request, provide a written statement of the reasons for the decision. That statement must be provided within 30 days of the request.