[Adopted 3-17-2020 by L.L. No. 14-2020]
For the 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.
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 County of Suffolk, its departments, administrative units,
and related agencies.
The County 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 article, include employment by
any governmental 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.
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.
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.
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.
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.