New York’s Human Rights Law and Article 23-A of the Corrections Law prohibit discrimination based on criminal record by public and private employers and licensing agencies. Employment or licenses may not be denied unless there 1) is a “direct relationship” between a conviction and the job or license, as defined by a multifactor test; or 2) hiring or licensing the individual would be an unreasonable risk to people’s property, safety, or welfare. Employers, licensing agencies, housing providers, insurance providers, and credit providers also may not ask about or act adversely based on non-conviction records and certain conviction records. An individual with a criminal record who is denied a job or license has the right to receive a statement of reasons. Certificates issued by the court or parole board may lift mandatory employment or licensing bars and must be considered in discretionary decisions.
An executive order prohibits public employers from asking job applicants about prior conviction until initial hiring decisions have been made. New York City has a broad ban-the-box law that prohibits public and private employers from asking job applicants about convictions until after an initial offer is made.
