Understanding Criminal and Background Checks
Navigating the complexities of criminal and background checks can be challenging for job seekers and employees seeking promotions.
For example, in New York and New Jersey, specific state regulations govern how criminal history can be considered in the hiring and promotional process. Certain localities, like New York City and Suffolk County, have their own laws too.
Below is a summary of key legal protections related to criminal and background checks:
- Ban-the-Box: Employers must consider an applicant’s skills and qualifications before inquiring about an applicant’s criminal history.
- Fair Chance Act: Requires employers to conduct an individualized assessment and provide a written explanation before taking adverse action based on criminal history. This is required in New York City, for example.
- Expungement and Sealing: Certain criminal records may be sealed or expunged, impacting their visibility in background checks.
- Stop Credit Discrimination in Employment Act (SCDEA): Limits the use of credit history in employment decisions.
These regulations are designed to balance the need for thorough vetting with the protection of an individual’s rights and opportunities for fair employment. If you have any questions about these key legal protections, or you believe your potential or current employer is taking adverse action based on your criminal and background check, contact D’Andrea Law PLLC today.