New York City Council’s is viewed as generally supporting for a proposal that would effectively ban credit checks in hiring and also is considering a mayor-backed proposal (Int. No. 318) that would remove another potential barrier to hire—an applicant’s criminal history.
Several states and localities have enacted laws within the last few years limiting the ability of private employers to inquire into or otherwise consider an applicant’s or employee’s arrest or conviction record. For years, in accordance with Article 23-A of the New York Correction Law, before taking adverse action on the basis of an applicant’s or employee’s conviction history, employers in New York State have had to engage in a multi-factor analysis to determine whether a sufficient nexus exists between the offense and position sought.
NYC’s “ban the box” proposal seeks to further restrict employers from considering conviction history when making hiring decisions.