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Recent Amendments to New York State Law

By John D. Shyer and Amy S. Donovan

On Feb. 1, 2009, amendments to certain provisions of New York law went into effect that will have a profound effect on the manner in which New York employers review job applications, especially from applicants who have a record of criminal offenses. The obligations imposed by these amendments arise from the interaction of three separate sections of the New York consolidated laws: the Labor Law, the General Business Law, and the Correction Law. Employers will thus need to familiarize themselves with the requirements of each section in order to comply with the new amendments effectively.

The new amendments, codified at New York Labor Law ' 201-f and New York General Business Law ” 380-c(b)(2) and 380-g(d) (collectively the “New Amendments”), help to effectuate Article 23-A of New York's Correction Law (“Article 23-A”), which prohibits employment discrimination based on an individual's having committed one or more “criminal offenses.” The New Amendments require, among other things, that the employer give notice of Article 23-A to applicants and employees and provide a written explanation (if requested) to any applicant who is denied employment after disclosing a prior criminal offense.

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