K. Inquiries and Discrimination Based on An Arrest Record Under New York Law

• Jurisdiction: New York

K. Inquiries and Discrimination Based on an Arrest Record Under New York Law

It is an unlawful discriminatory practice under the New York State Human Rights Law for an employer to inquire about, or to act adversely against an individual based on, an arrest record or criminal accusation that is not pending and was resolved in favor of the individual.¹⁹³ The definition of what is considered resolved in favor of a person is defined under the Criminal Procedure Law.¹⁹⁴ The prohibition is applicable to a youthful offender adjudication and sealed conviction as defined by the Criminal Procedure Law. The prohibition under the New York State Human Rights Law is inapplicable to an employer that is specifically required or permitted to inquire or to act adversely concerning an arrest record. It is also inapplicable to applications for "employment or membership in any law enforcement agency."¹⁹⁵

It is also an unlawful discriminatory practice under the N.Y.C. Human Rights Law for an employer to deny employment or act...