The Ban the Box movement continues to expand throughout the country. Suffolk County, NY voted to join the Ban the Box movement beginning August 25th of 2020. This legislature will prohibit employers located within Suffolk County with 15 or more employees from inquiring about applicants’ prior criminal convictions during the application process. The law broadly identifies the applicant as “any person considered or who requests to be considered for employment by an employer,” including temporary or seasonal work, contracted work, contingent work, and work through a staffing agency.
This law will not include the Suffolk County Police Department, Fire, rescue, and Emergency Services Department(s) or any other employers hiring for “police officer” and “peace officer” positions.
New York State Corrections Law Article 23-A states that nothing in this law should limit the employer’s authority to withdraw conditional offers of employment for any lawful reason. This includes if the conviction has direct relationship with the duties of the position sought and if hiring would pose an unreasonable risk to the property or safety of others.
This law may require you to review your hiring processes that are currently in place. Essential Screens recommends that you consult with your legal department or legal counsel.