NY Convictions and Employment

Under New York Law, it is generally unlawful for any employer to deny any license or employment to an individual because he or she has been convicted of one or more criminal offenses. However, an employer may consider an applicant's conviction or convictions if (1) there is a direct relationship between the previous criminal offense and the employment sought, (2) the granting of employment or licensure would involve unreasonable risk to property or to the safety or welfare of a specific individual or the general public, or (3) the position is in relation to regulation of a child-care facility.

Simple possession of the conviction record does not necessarily mean that an employer may use that record in a hiring decision. Federal law, specifically Title VII of the Civil Rights Act, forbids any hiring practice that may have an adverse impact on a group differentiated by race, color, religion, sex, or national origin. The United States Equal Employment Opportunity Commission (EEOC) released a notice in 1982 in which it reaffirmed its earlier conclusion that the use of conviction records in job hiring decisions has an adverse, "disparate impact" on some minority groups. Hiring policies that exclude potential employees based on conviction records are only legal under Title VII if they are "job related and consistent with business necessity." Employers are recommended to consider the following factors: (1) the nature and gravity of the offense or offenses for which the applicant was convicted; (2) the time that has passed since the conviction and/or completion of sentence; and (3) the nature of the job held or sought. However, if an employer is careful to document his or her hiring procedures and can make a business-related justification using those factors, he or she may disqualify applicants based on a record of conviction.