New York's Fair Chance Law
Cities or Counties with a Fair Chance Policy
Source: National Employment Law Project
Rochester
(Ordinance applies to city, vendors, and private employers)
- Banned the box
- Background check only at or after first interview
- Applies to public and private employers and vendors
On May, 20, 2014 the Rochester City Council unanimously passed an ordinance for fair employment screening. It was signed by the Mayor two days later. Modeled on the Buffalo ordinance, all public and private employers within the City of Rochester are prohibited from inquiring into an applicant’s conviction history on an initial job application and must wait until after the first interview.
Rochester Resource
Rochester Contacts
Valerie White-Whittick, Mentor Coordinator
Judicial Process Commission
[email protected]
Mike Bleeg, Coordinator
Safer Monroe Area Reentry Team
[email protected]
Reyna Ramolete Hayashi, Workers’ Rights Attorney
Empire Justice Center
[email protected]
Buffalo
(Ordinance applies to city, vendors, and private employers)
- Banned the box
- Incorporates EEOC criteria in individualized assessment
- Applies to public and private employers and vendors
On June 11, 2013, the Common Council of Buffalo banned the box for public and private employers within the city of Buffalo as well as for vendors who do business with the city. The ordinance permits consideration of a candidate’s criminal history only after an application has been submitted
and not before the initial interview.
Buffalo Resource
Buffalo Contact
New York City
In August 2011, New York City Mayor Michael Bloomberg announced a $130 million initiative to increase the education and employment prospects for African American and Latino men.
Recognizing the disparate impact of criminal records on these communities and the effect on employment, Mayor Bloomberg also signed Executive Order No. 151 banning the box.
The policy prohibits City agencies from asking about an applicant’s criminal history on initial job application documents or in the initial interview. When an agency does review an applicant’s criminal history, it is limited to considering felony convictions, unsealed misdemeanor convictions, and pending charges. Agencies may request waivers to make additional inquiries. In efforts to expand the policy, the City has now extended the ban the box policy to contractors doing business with the Human Services Department. These contractors may not may inquiries about convictions until after the first interview.
New York Resources
Executive Order (August 4, 2011)
Article 23-A of the Correction Law