Employer Education Act (S7638A-A10288A)

The Employer Education Act was signed into law by Governor Paterson. This law will insure that employers are aware of Corrections Law Article 23A which states that an employer or licensing agency in New York State cannot have an across the board policy to discriminate against someone with a criminal background.

Corrections Law, Article 23A states:
The public policy of this state, as expressed in this act, is to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
The employer must look at the specific job duties and responsibilities related to the license or employment sought.

The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on the fitness or ability to perform one or more job duties ( i.e. sex offender working as a teacher, the sex offense IS directly related to one or more job duties; or, someone with a CPA with a DWI applying for a job as an accountant, the DWI is NOT directly related to one or more job duties)

The time that has elapsed since the occurrence of the criminal offense, or offenses.

The age of the person at the time of the offense.

Any information produced by the person, or produced on his behalf, in regard to rehabilitation and good conduct.

The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
In making a decision, the public agency or private employer shall also give consideration to a Certificate of Relief from Disabilities or Good Conduct issued to the applicant, these certificates create a presumption of rehabilitation in regard to the offense or offenses.

The Employer Education Act is significant, because Article 23A is a little known law that was not really enforced. Human Rights is the enforcing entity, many job seekers did not know their rights and if they did, did not pursue an action.  The new Act requires the following:

1 .Requires employers and potential employers to include a copy of Article 23-A of the Correction Law (NYS anti-discrimination law, protecting jobseekers with criminal records from unfair discrimination) when providing a consumer report containing criminal conviction information to a third party

2. Requires the posting of Article 23-A in various places of employment.

In other words, the employer is supposed to ask the questions listed in the Article 23A criteria, or, in the case of a background report, give the potential job seeker a reasonable amount of time to explain the criminal information. Thus a hiring decision is based on the law and is not discriminatory.

Employers also need to be educated about the Certificate of Relief From Disabilities or Good Conduct. Possession of one of these certificates means that in the eyes of the criminal justice system, the job seeker has been rehabilitated from the crime (s).