Employers will be banned from asking job applicants about their criminal history under a bill passed by the City Council Wednesday.
The so-called “ban the box” legislation will do away with the common check-off box on applications that ask if job seekers have been convicted of a crime, and bar any questions about past incarceration until after a job offer has been made.
Backers say it’s a needed move to give ex-cons who are often rejected right off the bat a chance to turn their lives around.
“Having a past conviction obviously should not prevent someone from being able to put food on the table or pay rent,” said Councilman Jumaane Williams (D-Brooklyn), the sponsor. “We want to make sure that people feel hopeful. They’ve paid their dues to society. We need to provide a pathway for them.”
Supporters say offenders are more likely to return to crime if they can’t get a job.
Under the bill, businesses will be able to ask about criminal history after they’ve made a job offer.
If they choose to yank the offer as a result, they’ll have to provide a written explanation and give the applicant three days to respond before filling the position with someone else.
Jobs where background checks are legally required, including law enforcement, are exempt.
Business groups slammed the bill as an unfair government intrusion.
“This bill is an example of ideology trumping practicality. There are many positions where employers must consider the background and criminal record of an applicant before offering a job,” said Kathy Wylde of the Partnership for New York City.
“That is presumably why this legislation gives wide exemptions to city government. It should do the same for private sector employers,” she said. “New York State already has a strong anti-discrimination law on the books to protect ex-offenders from unfair discrimination in the job market. A bill like this discourages employers and ends up resulting in fewer, not more, job opportunities.”