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#2024569 - 07/01/15 08:31 PM OK, nothing remotely negative will happen....
MB Guy Offline
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I just saw a story that per the New York Daily News, Mayor DeBlasio just signed a "Don't Ask" law on criminal records checks for employment. So now you cannot ask a prospective employee if they have ever been in jail or have a criminal record.

a. Anyone know if this is accurate?

b. If true, what the heck? What are banks going to do, hire ex-bank robbers? Not to mention, day-care establishments hiring potential child molesters, etc.?
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#2024580 - 07/01/15 08:46 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
QCL Offline

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Illinois recently passed a similar law:

The newly enacted Job Opportunities for Qualified Applicants Act, available here, which takes effect January 1, 2015, prohibits private employers with 15 or more employees, as well as all employment agencies, from asking about, requiring disclosure of, or considering an applicant’s criminal history, until the employer/employment agency has decided that the applicant is qualified for the job and has notified the applicant of his or her selection for an interview or – if there is no interview – until a conditional job offer has been made. These restrictions do not apply if: (1) employers must exclude applicants with certain criminal convictions from an applied-for position under federal or Illinois law (in which case the employer may notify applicants in writing of the specific disqualifying offenses); (2) a standard fidelity or equivalent bond is required, and an applicant’s conviction of one or more specific offenses would disqualify him or her from obtaining such a bond (in which case the employer may ask the applicant if he or she has been convicted of any such offenses); or (3) the position is one that requires licensing under the Emergency Medical Services Systems Act.
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#2024582 - 07/01/15 08:47 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
MyBrainHurts Offline
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If true, let's hope that for banks, it's pre-empted by Federal Law.
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#2024593 - 07/01/15 08:59 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
edAudit Offline
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Originally Posted By MB Guy
I just saw a story that per the New York Daily News, Mayor DeBlasio just signed a "Don't Ask" law on criminal records checks for employment. So now you cannot ask a prospective employee if they have ever been in jail or have a criminal record.

a. Anyone know if this is accurate? yes of course it is true

b. If true, what the heck? What are banks going to do, hire ex-bank robbers? Not to mention, day-care establishments hiring potential child molesters, etc.? does it matter the mayor is mor idnot the sharpest crayon in the box.

It does exempt people who are subject to criminal background checks (other than governmental, does not expand on it)







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#2024645 - 07/02/15 10:51 AM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
Pale Rider Offline
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Millions of the unemployed have criminal records. Millions more are in jail. The NY Mayor is playing to his base.
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#2024669 - 07/02/15 01:34 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
noelekal Offline
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Texas
More "freedom" at work here.

Criminals are now free to work amongst us, with enhanced opportunity to prey on Americans, just as non-citizens are free to vote in our elections, unfairly influencing our democratic process because we are prohibited from using simple and effective means to verify that they have a right to vote in our elections.

What a country!
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#2024672 - 07/02/15 01:43 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
HappyGilmore Offline
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Pulling people out of the ditc...
and then some attorney will file a class action when all kinds of account info is stolen by a criminal who was hired and the company "should have done better due diligence"...
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#2024677 - 07/02/15 01:54 PM Re: OK, nothing remotely negative will happen.... [Re: HappyGilmore]
edAudit Offline
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Originally Posted By HappyGilmore
and then some attorney will file a class action when all kinds of account info is stolen by a criminal who was hired and the company "should have done better due diligence"...


This is a best case scenario. mad
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#2024683 - 07/02/15 02:04 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
noelekal Offline
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So ... if we have to hire convicts and the nation's borders are wide open, why are we chronically bludgeoned about the head and shoulders over BSA?
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#2024684 - 07/02/15 02:06 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
MB Guy Offline
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I have had a fair amount of interaction with people trying to get their lives back after addiction and troubles with the law, so I'm all in favor of giving people second and third chances, but you should know what you're dealing with if you own a business and the history of the person you're considering hiring. This ridiculous.
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#2024686 - 07/02/15 02:10 PM Re: OK, nothing remotely negative will happen.... [Re: noelekal]
edAudit Offline
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Originally Posted By noelekal
So ... if we have to hire convicts and the nation's borders are wide open, why are we chronically bludgeoned about the head and shoulders over BSA?


As increasing taxes is not an option the powers to be have to generate income somehow so...

CMPs are very good at generating income.
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#2024691 - 07/02/15 02:26 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
#Just Jay Offline
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Unless the NY law is vastly different from the Illinois rule QCL posted, the way I am reading it is that the applicant's criminal record cannot be used as a prescreening tool, or am I reading this incorrectly?

There is nothing in the Illinois version that prohibits the employer from asking such questions, and once you decide to extend an interview you conduct your background and due diligence as you always had. Unless I am grossly misreading this, I am not sure that I see that anything is newly prohibited than what exists now, expect you admittingly have to move a due diligence point from earlier on to a little later in the process.
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#2024700 - 07/02/15 02:34 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
edAudit Offline
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A new law signed yesterday by Mayor Bill de Blasio will prohibit employers from asking about an applicant's criminal record until the end of the hiring process, after an offer is already made.

http://gothamist.com/2015/06/30/fair_chance_bill.php

So once the offer is made and you do not hire you would be in violation of discrimination

"Though the legislation does not require employers to hire any particular applicant, it delays the background check, thus supplementing preexisting law that says employers cannot deny a job because of a record unless there is a direct relationship to the job," he said in a statement. "Not only does employment strengthen communities and lower recidivism, but employers will have access to a broader range of qualified candidates to consider."
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#2024703 - 07/02/15 02:37 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
#Just Jay Offline
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Eww.
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#2024707 - 07/02/15 02:38 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
MB Guy Offline
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Thanks for the link ed.
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#2024714 - 07/02/15 02:50 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
edAudit Offline
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We need to find a loophole in this mess
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#2024727 - 07/02/15 03:41 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
BetsyS Offline
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We've had similar legislation in Oregon this session. Since when are convicted criminals a protected class?
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#2024728 - 07/02/15 03:42 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
MB Guy Offline
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Maybe we can use the current Admin's favorite trick to overrule local laws and use a Federal law to ignore the Mayor's latest idiotic rule?
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#2024860 - 07/02/15 08:16 PM Re: OK, nothing remotely negative will happen.... [Re: MB Guy]
edAudit Offline
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edAudit
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Int. No. 318

10. Criminal conviction. (a) It shall be unlawful discriminatory practice for any person to deny or act upon adversely any license or permit or employment to any person by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of “good moral character” which is based on...

One could argue that this extends into CC permit as the word any is listed.



Could not link as it is so poorly worded it was difficult to find and cite.
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