Criminal history can be a major stumbling block to finding a job. Employers may not want to hire people with criminal records for a variety of reasons, but state and city laws in New York City prohibit discrimination based on criminal history, with only a few exceptions. “Criminal history” is a broad category that includes records of arrests, charges, convictions, probation, incarceration, and parole. Neither New York nor New York City laws specifically mention records of juvenile offenses. A new law that took effect in California at the beginning of 2017 expressly adds juvenile records to that state’s criminal history discrimination law. Juvenile records in New York are sealed as a matter of law, so this might not be an issue of serious concern in this state.
New York law limits the ability of employers to consider criminal history during the hiring process. Article 23-A of the Corrections Law, N.Y. Corr. L. § 750 et seq., prohibits public and private employers from discriminating on the basis of criminal history, with two exceptions: (1) if an individual’s criminal record has a direct bearing on a specific job, or (2) if that individual’s history presents a significant risk to the safety of certain people or the public. If an employer makes an adverse decision based on an applicant’s or employee’s criminal history, Art. 23-A requires the employer to notify them in writing and give them an opportunity to respond.
Under the New York State Human Rights Law (NYSHRL), a violation of Art. 23-A may constitute an “unlawful discriminatory practice.” N.Y. Exec. L. § 296(15). The New York City Human Rights Law (NYCHRL) adopts this provision of the NYSHRL, specifically citing Art. 23-A. It also prohibits employers from stating in job advertisements that a position is limited to people with no criminal record, and it bars employers from asking an applicant about criminal history until they have made a conditional offer of employment. N.Y.C. Admin. Code §§ 8-107(9)(a)(3) – (5).