Suffolk County, NY Enacts Ban the Box Law

On March 17, the Suffolk County Legislature enacted Introductory Resolution 1019-2020. This resolution amends Chapter 528 of the Suffolk County Code to add provisions regarding “fair employment screening”. The law takes effect 120 days after its filed with the Office of the Secretary of State.

Under the resolution, employers located within Suffolk County with fifteen (15) or more employees are prohibited from asking about an applicant’s prior criminal conviction on a preliminary employment application. The application process begins when an applicant inquires about employment and ends when the employer accepts an employment application.

Employers may inquire into criminal conviction information after a first interview. If an interview is not conducted, employers must inform applicants whether a criminal background check will be conducted. Employers are required to comply with Article 23-A of the New York State Corrections Law when considering criminal history information in relation to an employment decision.

Employers hiring for positions where certain criminal convictions or violations are a bar to employment under state or federal law are not prohibited from asking about criminal history related to those convictions or violations.

Individuals are granted a private right of action under the law and may also file a complaint with the Human Right Commission.