Westchester County, New York Bans the Box

February 21st, 2019 | Sterling

The Westchester County, New York Ban the Box law will take effect on or about March 3, 2019.  This law prohibits discrimination based on an individual’s arrest record or criminal conviction.

  • Employers with four or more employees cannot make an inquiry or make a statement related to an arrest record or criminal conviction of any individual in connection with an application for employment until after a submission of an employment application.
  • Prior to taking any adverse employment action based on an applicant’s criminal record, the employer must perform a written analysis of the applicant’s criminal record and other factors under New York Article 23-A of the NY State Correction Law.
  • If requested, the employer must provide the individual with the written analysis.
  • If requested, the employer must provide a written statement setting forth the reasons for denial pursuant to Article 23-A.

The law does not apply to an employer that must follow a state, federal or local law that requires criminal history searches for employment reasons or prohibits employment based on a criminal record.

For willful, wanton, malicious violations: punitive damages are available, not to exceed more than $10,000.

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