FOR EMPLOYING PEOPLE WITH CRIMINAL RECORDS
Hawaii Revised Statutes § 378-2.5 - Employer inquiries
into conviction record
law prohibits employment discrimination by all non-federal employers,
even those with only one employee, based on applicants’ criminal
records. Employers may consider applicants’ convictions insofar
as they are rationally related to the employment. Hawaii is unique
in forbidding employers in most fields from inquiring about applicants’
criminal records until they have extended a conditional offer of
employment, and in only allowing employers to consider convictions
that occurred within the past ten years.
here to see the full text of the Hawaii statute.
Kansas Statutes Annotated § 22-4710 - Criminal History
Record Information - Unlawful for employers to require certain acts;
law provides that for an employer to refuse to hire an applicant,
his or her criminal history must reasonably bear on his or her trustworthiness
or the safety or well-being of the employer’s employees or
customers. The statute applies to both public and private employers.
In addition, the statute limits liability for employers regarding
the employment decision, as long as the applicable standard is followed.
York Executive Law § 296(15),(16) - Human Rights Law - Unlawful
New York Correction Law §§ 750-755 - Licensure and Employment
of Persons Previously Convicted of One or More Criminal Offenses
New York State Human Rights Law prohibits both private and public
employers from having a blanket policy of denying people with criminal
records employment. In addition, an employer may not inquire about
nor act upon an arrest that was terminated or determined in favor
of the individual. A person with a criminal record who is denied
employment is entitled to a statement of the reasons for such denial.
New York Corrections Law, Article 23-A lists the factors that a
public or private employer or agency must consider when evaluating
an applicant’s prior convictions. It states that an applicant
may not be denied employment or licensure because of his or her
conviction record unless there is a direct relationship between
the offense and the job or license sought, or unless hiring or licensure
would create an unreasonable risk to property or to public or individual
safety. This law applies to employers with ten or more employees.
request and within thirty days, the applicant must be given a written
statement of the reasons why employment was denied. The provisions
of this law do not apply to the licensing activities of governing
bodies in relation to the regulation of firearms or an application
for employment as a police officer or peace officer.
here to see the full text of the New York statutes.
Pennsylvania Consolidated Statutes § 9125 – Use of records
by licensing agencies
18 Pennsylvania Consolidated Statutes § 9125 – Use of
records for employment
in Pennsylvania may only consider a job applicant’s felony
or misdemeanor convictions if they relate to the applicant’s
suitability for the particular type of employment in question. Occupational
licensing agencies may consider any felony, but only job-related
misdemeanor convictions. If an applicant is denied employment based
upon a criminal history, or licensure based upon a conviction, he
or she is entitled by law to a written explanation.
here to see the full text of the Pennsylvania statute.
Wisconsin Statute § 111.335 - Arrest or conviction
record; exceptions and special cases
prohibits discrimination based on arrest or conviction records in
the same manner it prohibits discrimination against members of other
protected classes. The statutes apply to employers, labor organizations,
employment agencies and licensing agencies. Several types of employers
are exempted from the statute and in many cases licensing agencies
are not covered.
cannot ask applicants about an arrest record, unless a charge is
pending. If an applicant’s arrest is pending, employers can
refuse to consider hiring him or her if the arrest substantially
relates to the particular nature of the employment. Employers can
only consider convictions insofar as they substantially relate to
the particular nature of the employment or affect an applicant’s
here to see the full text of the Wisconsin statute.
New York, NY 10014
P: (212) 243-1313
F: (212) 675-0286