Washington State Increases Regulations for Employer Access to Criminal Background Checks
For a second time this year, the state of Washington has enacted efforts to create a fair hiring landscape for Washingtonians. We previously covered ...
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Verified Credentials May 15, 2020 12:00:00 AM
We have previously discussed several new “ban the box” laws at the local, state, and even federal level. On March 17, 2020, Suffolk County, New York passed their version of a ban the box law.
This law applies to the County AND certain private businesses located in the County. The law defines an “Employer” as “the County or any person, partnership, corporation, labor organization, not-for-profit, or association having fifteen (15) or more employees.”
The new law creates a “Fair Employment Screening” requirement, which places restrictions on when an Employer, as defined by the law, is permitted to ask about an applicant’s criminal history. The new law states that:
Suffolk County and any Employer located within the County shall not ask questions regarding or pertaining to an applicant’s prior criminal conviction on any preliminary employment application. Consideration of the candidate’s prior criminal convictions shall take place only after an application is submitted, after an initial interview, or thereafter.
The Suffolk County ban the box law goes into further detail on the new ban the box restrictions, stating that:
Additionally, the law says that if an Employer does conduct a criminal background check on an applicant after following the new ban the box restrictions, it “shall comply with Article 23-A of the New York State Corrections Law when considering an applicant’s prior criminal convictions in determining suitability for employment.” Article 23-A of the New York State Corrections Law describes, among other things, certain factors an employer should consider before making an employment decision based on a candidate’s previous criminal history. A copy of Article 23-A is available here.
There are some exceptions to the Suffolk County law:
There’s still some time to determine if, or how, these new restrictions may impact you. The new law is set to become effective on August 25, 2020.
The new Suffolk County ban the box law is just one of the latest in the expanding ban the box movement. With the rapidly changing legal landscape surrounding these laws, you may want to check with your legal counsel to determine if this Suffolk County law, or any other ban the box restrictions, apply to you.
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