INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 296

Citation
§ 296 15.
Parent Document
N.Y. Exec. Law § 296
Jurisdiction
New York (state)

Full Text

1,449 chars
15. It shall be an unlawful discriminatory practice for any person,
agency, bureau, corporation or association, including the state and any
political subdivision thereof, to deny any license or employment to any
individual 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 upon his or her having been convicted of one
or more criminal offenses, when such denial is in violation of the
provisions of article twenty-three-A of the correction law. Further,
there shall be a rebuttable presumption in favor of excluding from
evidence the prior incarceration or conviction of any person, in a case
alleging that the employer has been negligent in hiring or retaining an
applicant or employee, or supervising a hiring manager, if after
learning about an applicant or employee's past criminal conviction
history, such employer has evaluated the factors set forth in section
seven hundred fifty-two of the correction law, and made a reasonable,
good faith determination that such factors militate in favor of hire or
retention of that applicant or employee. No person, agency, bureau,
corporation, association, the state or any political subdivision
thereof, shall require an individual to provide a copy of his or her
criminal history record that he or she obtained pursuant to the rules
and regulations of the division of criminal justice services.