§ 750. Definitions.
For the purposes of this article, the following terms shall have
the following meanings:
(1) "Public agency" means the state or any local
subdivision thereof, or any state or local department, agency,
board or commission.
(2) "Private employer" means any person, company, corporation,
labor organization or association which employs ten or more persons.
(3) "Direct relationship" means that the nature of criminal
conduct for which the person was convicted has a direct bearing
on his fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the license, opportunity, or
job in question.
(4) "License" means any certificate, license, permit or grant of
permission required by the laws of this state, its political
subdivisions or instrumentalities as a condition for the lawful
practice of any occupation, employment, trade, vocation, business, or
profession. Provided, however, that "license" shall not, for the
purposes of this article, include any license or permit to own,
possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun,
or other firearm.
(5) "Employment" means any occupation, vocation or employment, or
any form of vocational or educational training. Provided,
however, that "employment" shall not, for the purposes of this article,
include membership in any law enforcement agency.
§ 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.
§ 752. Unfair
discrimination against persons previously convicted of one or more
criminal offenses prohibited. No application for any
license or employment, and no employment or license held by an
individual, to which the provisions of this article are
applicable, shall be denied or acted upon adversely by reason of the
individual's having been previously convicted of one or more criminal
offenses, or by reason of a finding of lack of "good moral character"
when such finding is based upon the fact that the individual has
previously been convicted of one or more criminal offenses, unless:
|
(1) there is a direct
relationship between one or more of the previous criminal offenses and
the specific license or employment sought or held by the individual; or
(2) the issuance or continuation of the license or the granting or
continuation of the employment would involve an unreasonable risk to
property or to the safety or welfare of specific individuals or the
general public.
§ 753. Factors to be
considered concerning a previous criminal conviction; presumption.
1. In making a determination pursuant to section seven hundred
fifty-two of this chapter, the public agency or private employer shall
consider the following factors:
(a) The public policy of this state, as expressed in this act, to
encourage the licensure and employment of persons previously convicted
of one or more criminal offenses.
(b) The specific duties and responsibilities necessarily related to the
license or employment sought or held by the person.
(c) The bearing, if any, the criminal offense or offenses for
which the person was previously convicted will have on his fitness or
ability to perform one or more such duties or responsibilities.
(d) The time which has elapsed since the occurrence of the
criminal offense or offenses.
(e) The age of the person at the time of occurrence of the criminal
offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf,
in regard to his rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private
employer in protecting property, and the safety and welfare of
specific individuals or the general public.
2. In making a determination pursuant to section seven hundred
fifty-two of this chapter, the public agency or private employer shall
also give consideration to a certificate of relief from disabilities or
a certificate of good conduct issued to the applicant, which
certificate shall create a presumption of rehabilitation in regard to
the offense or offenses specified therein.
§ 754. Written
statement upon denial of license or employment. At the
request of any person previously convicted of one or more criminal
offenses who has been denied a license or employment, a public agency
or private employer shall provide, within thirty days of a request, a
written statement setting forth the reasons for such denial.
§ 755. Enforcement.
1. In relation to actions by public agencies, the provisions of
this article shall be enforceable by a proceeding brought pursuant to
article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the provisions of
this article shall be enforceable by the division of human rights
pursuant to the powers and procedures set forth in article fifteen of
the executive law, and, concurrently, by the New York city commission
on human rights.
|