Existing laws in New York Employment Background Check

Posted by Smart Web07
4
Sep 26, 2015
276 Views

The background check for employment in New York consists of few principles since it was implemented in 1st of January 2003 by DCA’s Adjudication Tribunal. These laws abide employees to perform their jobs accordingly. Few of the most important and newly implemented laws in New York are quite strict. Employees are even charged with breaking the laws and rules the department enforces. Ban the Box law, the latest one to be passed by the New York City Council on 10th June 2015, amending the New York City Human Rights Law which prohibits most employers in New York City from making any information about an applicant’s awaiting arrest or criminal conviction record until after a conditional offer of employment has been made.

Major laws

Human rights law in New York City strictly limits employers’ use of credit checks in hiring, which was passed on 6th of May 2015, prohibiting employment discrimination on the basis of consumer credit history. The law came into the act on September 3rd, 2015 and is applied to most private sector employers in New York City. The amendment has created an illegal discriminatory practice for an employer to use an employee’s consumer credit history when hiring and employment decisions, and to other extent discriminate against an applicant or employee on the base of his or her consumer credit history.  

Online applications

The Fair Credit Reporting Act (FCRA) especially requires employers to provide applicants with a stand-alone exposure and authorization form before obtaining a background check.  This form must be different from the employment application and cannot include any sort of language attempting to let the employer going away from liability associated with obtaining the background check. But still many employers fail to agree with this law by depending solely on a disclosure located on employment application to make applicants know that they will be taken to a background check, or by attempting to include additional language on the disclosure. The lawsuit blames the employer of using an invalid form to obtain consent to manage background checks during the employment application process.

Particularly, it is alleged that the employer relied on a background check permission that was included alongside several other approval paragraphs on an online employment application, and that the online permission form that are included in a number of claims related to obtaining the background check.

Credit histories

When it comes the step of hiring process, it is done by the EEOC or also known as Equal Employment Opportunity Commission .If the pages of history is turned, it is seen that on December of 2010, The Kaplan Education was suited a case by this EEOC with the cause that it had used the credit history as some sort of choice device which was not tolerable as it is supposed to screen out many black employees. It is seen that poor credits are there in small groups. Because of this there has been some question like whether or not it is justifiable to care the prediction value of credit histories regarding employment. Securityescc.com provide best services of serurity and if you want to get more info from event security New York.

Comments
avatar
Please sign in to add comment.