Greater Restrictions Placed on Employer’s Use of Background Screening

October 1, 2007

New York State Executive Law (the “Human Rights Law”) Section 296(16) has been amended to prohibit employers from inquiring into or making adverse employment decisions based on the criminal conviction of an applicant or current employee where (1) the conviction record has been sealed pursuant to Section 160.55 of the Criminal Procedure Law, or (2) where the conviction is classified as a “youthful offender adjudication” under Section 720.35 (1) of the Criminal Procedure Law.

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