New York City Passes Ban-the-Box Legislation
On June 10, 2015, the New York City Council voted to prohibit private employers from asking job applicants questions about criminal convictions on job applications. Under the Fair Chance Act (the "Act") an employer may ask about an applicant's criminal history and conduct a criminal background check only after extending the conditional offer. If the employer then withdraws the offer, it must explain its decision to the applicant in writing and hold the position open for three (3) business days so that the applicant can respond.
Currently, six states have enacted "ban the box" laws that apply statewide to private employers: Hawaii, Illinois, Massachusetts, Minnesota, New Jersey and Rhode Island. In addition, 15 states and nearly 100 cities nationwide have enacted similar legislation and/or signed similar executive orders making it unlawful for state, city, county and other local agencies to inquire about an applicant's criminal history on employment applications.
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