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New Laws for 2015: Ban the Box (New York City)


It has been a little while since I have seen anything relevant come out in regard to Ban the Box measures across the country.  Sure enough, I recently saw an article on New York City's effort to Ban the Box.  Note, New York City could soon join its neighbor, New Jersey, as having passed Ban the Box measures.  New Jersey's Ban the Box law went into effect in March of this year.  (New Jersey Ban the Box Passes). 

On June 10, the New York City Council passed the Fair Chance Act which now prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application process.

Under the new law, it would become an unlawful discriminatory practice under New York City's Human Rights Law to "make any inquiry or statement related to the pending arrest or criminal conviction record of any person who in the process of applying for employment with such employer or agent thereof until after such employer or agent thereof has extended a conditional offer of employment to the applicant."  However, note that this law would not make it unlawful for a potential employer to inquire, or conduct a criminal background check, after a conditional offer of employment has been made.

At this point, the only thing left for the Act to become effective is for it to be signed into law by Mayor Bill de Blasio.


For additional information:  http://www.natlawreview.com/article/ban-box-plus-comes-to-new-york-city-jurisdiction-latest-to-prohibit-employers-inquir

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