Convicted employees are protected by the NYC Commission of Human Rights. The New York Correction Law also forbids unfair discrimination against people with criminal convictions. Additionally, a person’s criminal past cannot prevent employers from accepting their application.
There are only two legal reasons for denying a convict’s application. First, an employer can refuse a candidate if their criminal record relates to the desired position. Secondly, an applicant can be denied if their offense poses a risk to the job and the general public.
Employers and Convicted Employees Under the Law
The New York Correction Law applies to any person convicted in the state of New York. It also applies to people convicted in regions outside of NY. Furthermore, the Law covers all NY employment. It does not apply to employers if the Law imposes a mandatory forfeiture or bar to employment. It’s also important to note that an executive pardon can remove a forfeiture and bar. A certificate of relief from disabilities or a certificate of good conduct can also remove a bar.
Factors Employers Need to Consider
Employers must consider the following factors when assessing convicted employees:
- – NY’s state policy encourages the employment of convicts.
- – The specific duties related to employment sought by the convict.
- – The bearing the criminal offense would have on the applicant’s performance.
- – The amount of time since the conviction.
- – The age of the person at the time of the criminal act.
- – The seriousness of the offense.
- – Any information about the person’s good conduct.
- – Property and safety of the general public.
Convicted employees can ask for written statements explaining the reasons for denial. Additionally, employers must write and send this statement to the applicant within 30 days of the request. The employer must also give specific reasons for not choosing the candidate.