Westchester County, NY Enacts Ban the Box Law

On December 3, the Westchester County Board of Legislators passed a ban the box law impacting nearly all private employers in the county. The law takes effect 90 days after County Executive George Latimer signs the legislation.

Criminal History Questions

The law is relatively straightforward and prohibits employers from inquiring into criminal convictions or arrests on employment applications. Employers must also ensure their job advertisements do not contain any specifications or limitations regarding criminal history. Employers may ask about a candidate’s criminal history after an employment application is submitted.

Adverse Action Impact

Before taking any adverse employment action (such as not hiring an individual) based on the candidate’s criminal history, employers must comply with New York’s Article 23-A correction law which includes looking at several specific factors in relation to the criminal conviction. Employers must provide this analysis in writing along with the reasons for their decision to candidates upon request.

Exemptions

Employers that are required by a county, state or federal law to conduct criminal background checks or bar employment based on criminal history are exempt from this law.