[HISTORY: Adopted by the Legislature of the County of Monroe 8-8-2023 by L.L. No. 12-2023. Amendments noted where applicable.]
This chapter shall be known as the "Monroe County Fair Chance
Employment Act."
A.
The Legislature finds that those with a criminal history regularly
face discrimination in many areas of life, including employment.
B.
The Legislature further finds that studies indicate that stable employment
is one of the best predictors of post-conviction success.
C.
The Legislature further finds that the ability of individuals with
a criminal history to successfully reintegrate into their communities
and find employment improves public safety and benefits local taxpayers,
as less crime leads to safer communities, strengthens families, and
saves taxpayers money on costs associated with law enforcement and
incarceration.
D.
The Legislature determines that those who have been incarcerated
have paid their debt to society and should be afforded a fair opportunity
to reenter the workplace. Individuals with a criminal history should
not be discriminated against once they are released from prison and
should be evaluated for employment based upon their qualifications
to perform a job, rather than their criminal history.
E.
The Legislature determines that individuals with a criminal history
represent a workforce with skills to contribute and a desire to add
value to their communities.
F.
The Legislature determines that the main goal of a criminal justice
system should be rehabilitation and that once individuals reenter
society, they should be treated fairly and without discrimination
based on a prior conviction.
G.
The Legislature finds that employment discrimination based on criminal
history can affect anyone regardless of race, religion, national origin,
gender, or sexual orientation. However, African Americans are disproportionately
hurt by discrimination based on criminal history due to a long history
of policies that have led to African Americans being incarcerated
at rates more than five times that of Whites, and more than 2 1/2
times that of Hispanics.
H.
The Legislature determines that due to a criminal justice system
in which minorities are incarcerated at much higher rates than Whites,
African Americans and Hispanics bear the brunt of employment discrimination
based on criminal history.
I.
The Legislature finds that nine municipalities and three counties
in the state of New York have implemented policies to protect job
applicants against potential discrimination, including New York City,
Buffalo, and Rochester.
J.
The Legislature further finds that over 20 states and more than 100
municipalities and counties throughout the United States across all
political lines have implemented policies to protect job applicants
from potential discrimination.
K.
The Legislature further finds that New York Correction Law does not
prohibit employers from inquiring about criminal history on employment
applications. Because the vast majority of applications are discarded
during an initial review for a variety of reasons, it makes it extremely
difficult for an applicant to prove that he or she was not hired due
to his or her criminal history. In addition, many applicants simply
will not apply for a position if they are required to disclose their
criminal history on an employment application.
L.
Therefore, the purpose of this chapter is to ensure that everyone
receives a fair chance in seeking employment with Monroe County, regardless
of one's arrest record or criminal history.
The purpose of this chapter is to ensure that applicants for
positions with Monroe County are not unfairly discriminated against
because of prior criminal history during the application process.
As used in this chapter:
To refuse to hire or promote, to discharge an individual
from his or her employment, or revoke an applicant's conditional
offer of employment.
Any person considered or who requests to be considered for
employment by the County.
The period of time beginning when an applicant inquires about
employment with the County or submits an employment application to
the County, and ends when the applicant is provided a conditional
offer of employment or the County chooses not to offer the applicant
a conditional offer of employment.
A record or action by any jurisdiction that does not result
in a conviction, or any encounter with a law enforcement agency that
does not result in a conviction. This includes information indicating
that a person has been questioned, apprehended, taken into custody
or detained, or held for an investigation by a law enforcement, police,
or prosecutorial agency.
Any sentence arising from a plea or verdict of guilty, including
a sentence of incarceration, a suspended sentence, a sentence of probation,
an unconditional discharge, or a diversion program.
The County of Monroe, its departments, administrative units,
public officers, and employees.
An individual's prior criminal conviction and/or sentencing
in New York State or any other jurisdiction.
The County shall not:
A.
Inquire about an applicant's criminal history during the application
process.
B.
Inquire about an applicant's arrest record at any point in the
application process or during any inquiry relating to criminal history;
however the County shall not be prohibited from inquiring about pending
criminal charges.
C.
Conduct a criminal history check of an applicant until after a conditional
offer of employment is made, unless otherwise required because of
the nature of the position or by law.
A.
All County job announcements shall contain the following disclosure:
"This position is subject to a background check for criminal convictions.
Convictions will be considered but will not automatically disqualify
the candidate. No criminal background check will occur until after
a conditional offer of employment has been made, unless required prior
to a conditional offer because of the nature of the position or otherwise
required by law."
B.
The County shall not use the following criminal records in relation
to a criminal background check: records of arrest not followed by
a valid conviction, or records which reflect dismissed or expunged
convictions, violations, and infractions; however the County shall
not be prohibited from considering pending criminal charges.
A.
Unless a background check is required before a conditional offer
of employment because of the nature of the position or otherwise required
by law, the County shall send the applicant the following documents
prior to conducting a background check or inquiring about an applicant's
criminal history: 1) a conditional offer of employment, and 2) notice
that a criminal history check will be conducted prior to the start
of employment.
B.
The County shall not take adverse action against an individual due
to the individual's criminal history unless such action is in
conformance with Article 23-A of New York Correction Law, New York
Human Rights Law,[1] and the New York Family Court Act.
[1]
Editor's Note: See Executive Law § 290 et seq.
C.
Nothing in this chapter shall be construed to prevent the County
from taking adverse action against any applicant or denying employment
for reasons other than such applicant's criminal history.
A.
The prohibitions in this chapter shall not apply to the Monroe County
Sheriff's Office, the Monroe County Department of Public Safety,
the Monroe County Department of Aviation, the Monroe County District
Attorney's Office, the Monroe County Children's Detention
Center, and positions for which it is otherwise required by law to
access criminal history information before a conditional offer is
made.
B.
The prohibitions of this chapter shall not apply if the inquiries
or adverse actions prohibited herein are specifically authorized by
any other applicable law. Additionally, nothing in this chapter shall
diminish the County's rights or responsibilities under Article
23-A of New York Correction Law.
A.
The Monroe County Department of Diversity, Equity, and Inclusion
is authorized to enforce this chapter, to promulgate additional rules
and regulations, and take any and all other reasonable actions necessary
to implement and enforce this chapter. Any rules and regulations set
forth in this chapter and/or promulgated by the Monroe County Department
of Diversity, Equity, and Inclusion shall be made available online
in a manner approved by the Department of Diversity, Equity, and Inclusion.
B.
The Monroe County Department of Diversity, Equity and Inclusion shall
be responsible for conducting proper outreach about this chapter.
This chapter shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
law, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Monroe. The County Legislature may determine via resolution
whether or not identical or substantially similar federal or statewide
legislation, or pertinent preempting state or federal regulations
have been enacted for the purposes of triggering the provisions of
this section.
If any clause, sentence, paragraph, section, subdivision, or
other part of this chapter or its application shall be inconsistent
with any federal or state statute, law, regulation or rule then the
federal or state statute, law, regulation, or rule shall prevail.
If any clause, sentence, paragraph, section, subdivision, or other
part of this chapter or its application shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder
of this chapter which shall remain in full force and effect except
as limited by such order or judgment.
This chapter shall be effective immediately upon filing in the
Office of the Secretary of State.
