[Adopted 5-28-2013]
The City of Buffalo, its vendors, and any employer located within
the City of Buffalo limits shall not ask questions regarding or pertaining
to an applicant's prior criminal conviction on preliminary employment
application. Consideration of the candidate's prior criminal
convictions shall take place only after an application is submitted
and to begin during an initial interview, or thereafter.
For purposes of this article, the following terms shall have
the following meanings:
Any person considered or who requests to be considered for
employment by an employer.
The City of Buffalo, its departments, administrative units
and related agencies.
Any sentence imposed by a court of competent jurisdiction
arising from a verdict or plea of guilty, including a sentence of
incarceration, a suspended sentence, a sentence of probation, an unconditional
discharge, or diversion program.
The City or any person, partnership, corporation, labor organization,
not-for-profit, or association having 15 or more employees.
An occupation, vocation, job, work for pay, including temporary
or seasonal work, contracted work, contingent work, and work through
the services of a temporary or other employment agency; or any form
of vocational or educational training with or without pay. "Employment"
shall not, for the purposes of this chapter, include employment by
any government law enforcement agency.
Any direct contact by the employer with the applicant, whether
in person or by telephone, to discuss the employment being sought
or the applicant's qualifications.
Any vendor, contractor, or supplier of goods or services
to the City of Buffalo, including vendors located outside the City
of Buffalo limits.
A.
Effective the first day of January 2014, it shall be an unlawful
discriminatory practice for an employer to make any inquiry regarding,
or to require any person to disclose or reveal, any criminal conviction
during the application process. The application process shall begin
when the applicant inquires about the employment sought and shall
end when an employer has accepted an employment application.
[Amended 6-25-2013]
B.
It shall be an unlawful discriminatory practice for an employer to
make any inquiry regarding, or to require any person to disclose or
reveal, any criminal conviction against such person before a first
interview. If an employer does not conduct an interview, that employer
must inform the applicant whether a criminal background check will
be conducted before employment is to begin.
C.
An employer hiring for licensed trades or professions, including
positions such as interns and apprentices for such licensed positions,
may ask applicants the same questions asked by the trade or professional
licensing body, in accordance with New York State law.
D.
An employer hiring for positions where certain convictions or violations
are a bar to employment in that position under New York State or federal
law shall not be constrained from asking questions about those convictions
or violations.
E.
An employer shall comply with Article 23-A of the New York State
Correction Law when considering an applicant's prior criminal
convictions in determining suitability for employment. In accordance
with Article 23-A, nothing in this article shall be construed to limit
an employer's authority to withdraw conditional offers of employment
for any lawful reason, including the determination that the candidate
has a conviction that bears a direct relationship to the duties and
responsibilities of the position sought, or that hiring would pose
an unreasonable risk to property or to the safety of individuals or
the general public.
A.
The prohibitions of this article shall not apply if the inquiries
or adverse actions prohibited herein are specifically authorized by
any other applicable law.
B.
The prohibitions of this article shall not apply to the Department
of Police or the Department of Fire, or to any other employer hiring
for police officer and peace officer positions, as defined by Criminal
Procedure Law §§ 1.20 and 2.10.
C.
The prohibitions of this article shall not apply to any public or
private school, nor to any public or private service provider of direct
services specific to the care or supervision of children, young adults,
senior citizens, or the physically or mentally disabled.
A.
Any person aggrieved by a violation of this article may commence
a civil action or proceeding for injunctive relief, damages, and other
appropriate relief in law or equity against a person who violates
this article. In any such action or proceeding, the court, in its
discretion, may allow for the party commencing such action or proceeding,
if such party prevails, a reasonable attorney's fee as part of
the costs.
B.
Any person or organization, whether or not an aggrieved party, may
file with the Commission on Citizens' Rights and Community Relations
a complaint alleging violation of this article. Such complaint shall
be in writing on a form prescribed by the Commission on Citizens'
Rights.
C.
Upon certification by the Commission on Citizens' Rights and
Community Relations Director that there has been an affirmative finding
of probable cause of discriminatory practice, the Director may request
the Corporation Counsel to commence an action against the accused
party, in a court of competent jurisdiction, seeking the imposition
of the following penalties or a combination thereof:
