Suffolk County, NY Article III Fair Employment Screening

[Adopted 3-17-2020 by L.L. No. 14-2020]

§ 528-19 Definitions.

For the purposes of this article, the following terms shall have the following meanings:

APPLICANT

Any person considered or who requests to be considered for employment by an employer.

CONVICTION

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.

COUNTY

The County of Suffolk, its departments, administrative units, and related agencies.

EMPLOYER

The County or any person, partnership, corporation, labor organization, not-for-profit, or association having 15 or more employees.

EMPLOYMENT

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 article, include employment by any governmental law enforcement agency.

INTERVIEW

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.

§ 528-20 Fair employment screening.

Suffolk County and any employer located within the County shall not ask questions regarding or pertaining to an applicant's prior criminal conviction on any preliminary employment application. Consideration of the candidate's prior criminal convictions shall take place only after an application is submitted, after an initial interview or thereafter.

§ 528-21 Fair employment screening standards.

A. 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.

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.

§ 528-22 Exceptions.

A. The prohibitions of this article shall not apply if the inquiries or adverse action prohibited herein are specifically authorized by any other applicable law.

B. The prohibitions of this article shall not apply to the Suffolk County Police Department or the Suffolk County Department of Fire, Rescue, and Emergency Services, 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 in 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.

§ 528-23 Enforcement.

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 in 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 Human Rights Commission a complaint alleging violation of this article. Such complaint shall be in writing on a form prescribed by the Director of the Human Rights Commission.

C. Upon certification by the Director of the Human Rights Commission that there has been an affirmative finding of probable cause of discriminatory practice, the Director may request the Commission to commence an action against the accused party, in a court of competent jurisdiction, seeking the imposition of civil penalties and damages in conformance with § 528-14 of this chapter.