- Employers must wait until after an interview to inquire about criminal history.
- A job-related individualized assessment is required.
Who does this effect?
Applies to employers with 15 or more employees located in Buffalo city limits.
What does the law provide?
- Criminal history information can be sought after an interview.
- If an employer does not conduct an interview, that employer must inform the applicant whether a criminal background check will be conducted before employment is to begin.
- Employers must follow the individualized assessment requirements in Article 23-A of the New York Corrections Law.
Are there any exceptions
If federal or New York law prohibits employees with certain convictions or violations from working in specified positions, the ordinance does not interfere with the employer’s ability to request conviction information from an applicant seeking to work in the regulated position. Employers should consult with their to see if they are otherwise exempt from the law.