Sophisticated human relations professionals know that there are all sorts of rules around running background checks on employees and prospective employees. We field questions about this all the time.
But do entrepreneurs and managers know the new rules? We want to ensure you’ve got the information you need.
Here’s new information you need to know. It involves New York law and specifically the New York Human Rights Law that governs employer behaviors around hiring and ongoing interactions with employees.
Human Rights Law Background
In general, the New York Human Rights Law is designed to protect, among others, employees and prospective employees. We’ve written about it many times, including about employee behavior outside of work, protecting people’s hairstyles from discrimination, and – of course – protecting against sexual harassment.
Background Check Changes
There’s a new section being added to Human Rights Law 296.
And it further limits what employers can do.
The change becomes effective later this month, on March 22, 2025, and it says:
16. It shall be an unlawful discriminatory practice for any person. . . .
No person, agency, bureau, corporation, association, the state or any political subdivision thereof, shall require an individual to provide a copy of his or her criminal history record that he or she obtained pursuant to the rules and regulations of the division of criminal justice services.
Practical Implications
Many businesses use background checks as legitimate screening devices for prospective employees. Some also use periodic background checks for current employees, especially those in sensitive positions or who have access to sensitive or vulnerable customer data. Of course it is necessary to comply with New York and federal law in carrying out these steps. Those are appropriate purposes for background checks so long as the checks are done in compliance with the law.
We all know background checks can be expensive and time-consuming. And they can also sometimes delay hiring efforts. That’s why some employers have asked prospects to bring in or to supply their criminal records, if they have one.
This short-cut of asking a prospect to share information hasn’t been unlawful to date. Stated differently, beginning March 22, 2025, no one can ask a person to provide a copy of his criminal history record. Employers that may have been doing so in the past would be well-advised to review their practices to ensure compliance with the law.
Questions?
If you have questions about this change to New York law or about other legal issues, feel free to contact us at 716.839.9700 or info@coppolalegal.com. We’re here to help.
