Existing laws in New York Employment Background Check
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
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