We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
Who must follow: This background screening law applies to all employers in the State of New York
Consideration of records: In compliance with Executive Law § 296 subdivision 16 (Human Rights Law) and the Family Court Act, employers are prohibited from asking at any time for applicants to disclose information about any arrest that resulted in a Youthful Offender Adjudication pursuant to Criminal Procedure Law § 720.35: any arrest that was processed as a Juvenile Delinquency proceeding in Family Court; any arrest that resulted in a sealing pursuant to Criminal Procedure Law (CPL) §160.50 or CPL § 160.55: any conviction that was sealed pursuant to CPL § 160.58, unless said inquiry is specifically required or permitted by New York State or federal law.
Adverse action implications: None
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers/agencies/licensing authorities for the state of New York.
Timing of inquiry: Public sector employers or licensing authorities for the state of New York may only inquire into criminal history after the first interview.
Adverse action implications:
Individualized assessment. Employers subject to this law must conduct an individualized assessment per the requirements of NY Corrections Law 23-A.
Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.
Who must follow: NY Corrections Law 23-A applies to all employers in New York State.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed per the requirements of NY Corrections Law 23-A.
Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request.
Who must follow: This ban-the-box law applies only to public sector employers for Albany County, NY.
Timing of inquiry: Public sector employers for Albany County may only inquire into criminal history until after a conditional offer and when the position is of such sensitivity that an inquiry is warranted or required by law.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed and shared with the candidate as part of the pre-adverse action process.
Pre-adverse action. Covered employers may only take adverse action against the applicant pursuant to New York Correction Law Article 23-A. The pre-adverse action process must inform the candidate which records are the basis for the potential adverse action and how to respond to your pre-adverse action notice. You must also include a copy of Article 23-A during the pre-adverse action process.
Waiting period. You must wait 10 business days between sending a pre-adverse action and the final adverse action notice, unless the candidate provides additional information. If the candidate provides additional information after receiving a pre-adverse action notice, you must consider this information and wait an additional 20 business days from the receipt of that information.
Final adverse action. Your final adverse action notice must also include: A copy of the pre-adverse action notice and the applicant’s response to the notice (if provided); an explanation of why the applicant’s response to the pre-adverse action notice was not sufficient; and an adverse action appeal form.
Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
NOTE: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to all employers, whether public, private or city vendors, in Buffalo, NY, who have at least 15 employees.
Timing of inquiry: Employers in Buffalo, NY, may not inquire into criminal history prior to the first interview.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to public sector employers for Dutchess County, NY.
Timing of inquiry: Public sector employers for Dutchess County may not inquire into criminal history on a job application, recruitment application or county exam.
Adverse action implications:
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Ithaca, NY.
Timing of inquiry: Public sector employers for Ithaca, NY may only inquire into criminal history when the candidate has been deemed a finalist.
Adverse action implications:
Individualized assessment: This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information: Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Kingston, NY.
Timing of inquiry: Public sector employers for the city of Kingston may only inquire into criminal history during the first interview or later.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Newburgh, NY.
Timing of inquiry: Public sector employers for the city of Newburgh may only inquire into criminal history at the first interview or later.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed under New York state’s requirements.
Who must follow: This ban-the-box law applies to all employers in the City of New York, NY, who have at least 4 employees (including owners), regardless of the location of their work.
Timing of inquiry: Public sector employers for the city of New York may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment performed in compliance with NY Corrections Law 23-A. This assessment must be included with the pre-adverse action notice.
Pre-adverse action.Employers must:
Provide a copy of the individualized assessment under NY Corrections Law 23-A with the pre-adverse action notice, along with a copy of any information relied on to determine an applicant has a criminal record. This is not limited to a criminal background check, and includes any information accessed online and independently. This information can include online search results, conversations with third parties, etc. The time and date you accessed the information must be included. Consider using the official Fair Chance Notice provided by the Commission on Human Rights
Request additional information concerning rehabilitation or good conduct from candidates with criminal records
Holding job open. You must provide at least 3 business days from receipt of the pre-adverse action notice for the candidate to respond, and you cannot fill the role during this time.
Reassessment after changes to the background check. If the applicant demonstrates that the background check contained an error, employers must conduct the Article 23-A analysis again, based on the correct information. Employers must then follow the Fair Chance Process again, providing the applicant a copy of the corrected inquiry, the Article 23-A analysis, and 3 additional business days to respond.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Who must follow: This credit history restriction applies to all employers in the city of New York, NY who have at least 4 employees (including owners), regardless of the location of their work.
Timing of inquiry: Employers may not inquire into credit history for any reason unless the position being screened is exempt from the law. Review exemptions here.
If the candidate’s role meets an exemption: You should inform applicants/employees of the exemption you believe applies and keep a record of the use of exemptions in employment practices for a period of five years from the date an exemption is used. Keeping an exemption log will help your company respond to Commission requests for information. Your exemption log should include the following: which exemption is claimed; how the applicant/employee fits into the exemption; qualifications of the applicant/employee for the position/promotion; name and contact information of applicant/employee; nature of the credit history information considered and a copy of such information; how the credit history information was obtained; and how credit history impacted employment action. Employers may be required to share their exemption logs with the Commission upon request. Prompt responses to Commission requests may help you avoid a Commission investigation into your practices.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements. See New York’s requirements here.
Credit History Restriction: Employers may not inquire into credit history when making an employment decision unless the position falls under an exception listed under N.Y.C. Admin. Code 8-107(24).
Who must follow: This ban-the-box law applies to all employers, both public and private, that employ people in any position for which the primary place of work is within the City of Rochester.
Timing of inquiry: Employers in Rochester may only inquire into criminal history after the first interview.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies to private and public sector employers in Suffolk County, NY with fifteen or more employees. Exceptions apply for certain positions.
Timing of inquiry: Employers may not inquire into or require an applicant to disclose information about an applicant’s criminal history on any preliminary employment application or before the first interview. If an employer does not conduct an interview, the employer must inform the applicant whether a criminal background check will be conducted before employment is to begin.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to public sector employers, licensing authorities, and contractors for the City of Syracuse, NY.
Timing of inquiry: Public sector employers for the city of Syracuse may only inquire into criminal history after a conditional offer, or, in the case of licensure, after the applicant is deemed “qualified” for a license.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Pre-adverse action. Employers are required to inform the candidate of the specific information in the background check that could lead to final adverse action.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law only applies to public sector employers for Tompkins County, NY.
Timing of inquiry: Public sector employers for Tompkins County may not inquire into criminal history on the job application.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies only to public sector employers for Ulster County, NY.
Timing of inquiry: Public sector employers for Ulster, New York may only inquire into criminal history after the first interview.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
Who must follow: This ban-the-box law applies to all employers in Westchester County, New York who have at least 4 employees. This law does not apply to independent contractors.
Timing of inquiry: Employers cannot inquire into criminal history in an employment application.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment performed in compliance with NY Corrections Law 23-A.
Who must follow: This ban-the-box law applies only to public sector employers for the City of Yonkers, NY.
Timing of inquiry: Public sector employers may not inquire into criminal history on the job application.
Adverse action implications:
Individualized assessment. This jurisdiction requires an individualized assessment be performed in compliance with NY Corrections Law 23-A.
Candidate access to information. Candidates who request a written statement setting forth the reasons for a denial must be provided such statement within 30 days of the request, in compliance with NY Corrections Law 23-A.
Note: This law’s requirements are in addition to the requirements imposed by New York state’s requirements.
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