Understanding Background Check Laws in New York
There are thousands of people searching for jobs in New York. When you are seeking a job in the city, you should be aware of the background check laws. One of the biggest fears people have is that their one mistake when they were younger can cost them for life, restricting them from getting a job.
Unlike other states, New York has taken various steps to ensure that people have a fair chance of getting employment with New York’s fair crediting report act. According to the law, your employer needs to take your written consent to do a background check. Furthermore, they should also inform you if they are choosing not to hire you based on your background check.
If you feel the employer has done anything against the law, you can take action and protect your rights with the help of a New York employment law attorney.
New York’s Background Check Law
Besides the federal background check law, New York provides extra protection laws for people. The state ensures that those with previous criminal convictions can find jobs based on their qualification. Two instances in which your employer can refuse to hire you after the background check.
- If hiring the employee is a threat to the safety of others, their property, or welfare.
- The offense the employee committed is directly associated with the job.
However, there are various factors that the employer must consider, including how serious the offense committed was, how much time had passed since the conviction, age when they were convicted, evidence supporting their good conduct and rehabilitation, and what impact the previous conviction has to do with their ability to work for the current job, etc.
What is Fair Chance Act in New York?
The state has taken additional methods to protect people from getting employment through the Fair Chance Act. According to this act, the employers must do the following background checks:
- The first background check is done by checking the employee’s education history, employment history, reference check, and more during the interview process.
- The employer can ask for a criminal background check once the company offers a job offer to the employee.
After the criminal background check, the employer must provide a copy of the written analysis of the background check. Additionally, the employer must hold the position and keep the offer open for upto five days while the employee gets five days to gather evidence to provide a clean record.