Monday, August 19, 2013

MORE RE: EMPLOYMENT AND CRIMINAL BACKGROUND

As noted in the last blog, New York State Executive Law Section 296 (15), the New York State Human Rights Law, refers to New York State Correction Law Article 23-A. Section 751 of the Correction Law relates to applicability and the inclusions and exclusions should be noted:

 "§  751.  Applicability.  The provisions of this article shall apply to
  any application by any person for a license or employment at any  public
  or  private  employer,  who has previously been convicted of one or more
  criminal offenses in this state or in any other jurisdiction, and to any
  license or employment held by any person whose conviction of one or more
  criminal offenses in this state or in any  other  jurisdiction  preceded
  such  employment  or  granting  of  a  license, except where a mandatory
  forfeiture, disability or bar to employment is imposed by law,  and  has
  not  been  removed  by  an  executive pardon, certificate of relief from
  disabilities or certificate of good conduct.  Nothing  in  this  article
  shall be construed to affect any right an employer may have with respect
  to  an  intentional  misrepresentation in connection with an application
  for employment made by a prospective employee or previously  made  by  a
  current employee."

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