LAWS OF NEW YORK, 2008
AN ACT to amend the executive law, in relation to evidence of an employee's past criminal record
Became a law September 4, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. Subdivision 15 of section 296 of the executive law, as
amended by chapter 166 of the laws of 2000, is amended to read as
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 learn-
ing 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.
§ 2. This act shall take effect immediately.
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
|DEAN G. SKELOS
Temporary President of the Senate
Speaker of the Assembly