Key Takeaways
- 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 that (1) have four or more employees (located anywhere) and (2) employ individuals in a position for which the primary place of work is located in the city of Rochester.
What does the law provide?
- Criminal history information can be sought after an interview or after a conditional offer of employment. 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
The ordinance excludes, among others: employers authorized by another law or a licensing authority to inquire about criminal convictions; and employers hiring for positions where certain convictions are a bar to employment under New York or federal law may inquire about those convictions during the application process. Employers should consult with their to see if they are otherwise exempt from the law.