Ogletree Deakins: Rochester, New York Adopts "Ban the Box" Criminal Background Check Law | Practical Law

Ogletree Deakins: Rochester, New York Adopts "Ban the Box" Criminal Background Check Law | Practical Law

This Law Firm Publication by Ogletree Deakins, Nash, Smoak & Stewart, P.C. discusses Rochester, New York's new ordinance, effective November 18, 2014, prohibiting employers from inquiring about a job applicant’s prior criminal conviction during the application process, which ends once an employer conducts an initial interview or makes a conditional offer of employment. The ordinance broadly defines criminal convictions to include convictions and guilty pleas for any misdemeanor or felony. It applies to any position where the primary place of work is located within Rochester and to any city employees (except firefighters or police officers) or vendors regardless of location. It does not apply where criminal background inquiries are authorized by other applicable laws. In addition to providing applicants with a private right of action, the Rochester Corporation Counsel is authorized to bring an action to enforce the ordinance and seek civil penalties up to $500 for the first violation and $1,000 for each subsequent violation.

Ogletree Deakins: Rochester, New York Adopts "Ban the Box" Criminal Background Check Law

by Ogletree Deakins, Nash, Smoak & Stewart, P.C.
Published on 30 Jun 2014New York, United States
This Law Firm Publication by Ogletree Deakins, Nash, Smoak & Stewart, P.C. discusses Rochester, New York's new ordinance, effective November 18, 2014, prohibiting employers from inquiring about a job applicant’s prior criminal conviction during the application process, which ends once an employer conducts an initial interview or makes a conditional offer of employment. The ordinance broadly defines criminal convictions to include convictions and guilty pleas for any misdemeanor or felony. It applies to any position where the primary place of work is located within Rochester and to any city employees (except firefighters or police officers) or vendors regardless of location. It does not apply where criminal background inquiries are authorized by other applicable laws. In addition to providing applicants with a private right of action, the Rochester Corporation Counsel is authorized to bring an action to enforce the ordinance and seek civil penalties up to $500 for the first violation and $1,000 for each subsequent violation.