NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement With the City Commission on Human Rights

On Nov. 19, the Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.”

The program focused on two significant pieces of legislation that have recently amended the New York City Human Rights Law: the Stop Credit Discrimination in Employment Act (effective Sept 3) and the Fair Chance Act, better known as Ban the Box (effective Oct. 27).  

Through these amendments, it is now generally unlawful for an employer to use credit history as a factor in the decision to hire. Similarly, an employer is prohibited from inquiring about an applicant’s criminal history until a conditional offer of employment is made.

The panel moderated by Esta R. Bigler, began with Carmelyn P. Malalis, Chair of the New York City Commission on Human Rights discussing the Commission’s new direction; and was followed by a discussion on implementation of the two new laws and impact on employers and employees by Paul Keefe, Supervising Attorney at the Commission; Joseph B. Cartafalsa, Partner at Putney, Twombly, Hall & Hirson LLP; and Ronald F. Day, Associate Vice President for the David Rothenberg Center for Public Policy at The Fortune Society.

Representatives from Proskauer Rose’s Labor & Employment Department was on hand and wrote a blog post for their educational blog and eNewsletter summarizing the program. To view, click here.

Panel:
Carmelyn P. Malalis, Esq., Chair, New York City Commission on Human Rights (CCHR)
Paul Keefe, Esq., Supervising Attorney, CCHR
Joseph B. Cartafalsa, Esq., Partner, Twombly, Hall & Hirson LLP
Ronald F. Day, Associate Vice President for the David Rothenberg Center for Public Policy, The Fortune Society

Agenda (DOC, 57 KB)

Speaker Bios (DOCX, 72 KB)

Materials
Guidelines and Guidance:
Cania, Frank A., An Employer’s Guide to Compliance with New York Correction Law, Article 23-A, (2012)
Lawyers’ Committee for Civil Rights Under Law, The Legal Action Center, and National Workrights Institute, Practice Standards the Proper Use of Criminal Records in Hiring, (2013)
NYC Bar Association, An Employer’s Guide to Interviewing and Hiring People with Criminal Conviction Histories, (2009)
NYC Commission on Human Rights Legal Enforcement Guidance on the Fair Chance Act, Local Law No. 63 (2015)
NYC Commission on Human Rights, Fair Chance Act: Fact Sheet For Employees
NYC Commission on Human Rights, Fair Chance Act: Fact Sheet For Employers
NYC Commission on Human Rights, Fair Chance Act: Interpretative Enforcement Guide
NYC Commission on Human Rights, Fair Chance Act Notice—Article 23-A Form
NYC Commission on Human Rights Legal Enforcement Guidance on the Stop Credit Discrimination in Employment Act, NYC Admin. Code §§ 8-102(29), 8-107(9)(d); Local Law No. 37 (2015)
NYC Commission on Human Rights, Stop Credit Discrimination in Employment Act: Employees
NYC Commission on Human Rights, Stop Credit Discrimination in Employment Act: Employers
NYC Commission on Human Rights, Stop Credit Discrimination in Employment Act: Frequently Asked Questions
EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, Number 915.002 (April 25, 2012)

Law:
Article 23-A of the New York State Correction Law (DOCX, 14 KB)

Policy Brief:
Polk, Zoe and Rodriguez, Michelle Natividad, Best Practices in Fair-Chance Enforcement: Ensuring Work Opportunity for People with Convictions, NELP (June 2015)

Recidivism Studies:
Alfred Blumstein & Kiminori Nakamura, Redemption in the Presence of Widespread Criminal Background Checks, 47 Criminology 327, 339-40 (2009)
Brame, Robert; Kurlychek, Megan; Bushway, Shawn, Scarlet Letters and Recidivism: Does an old Criminal Record Predict Future Offending?  (2006)
Kurlychek, Megan, et al., Enduring Risk? Old Criminal Records and Short-Term Predictions of Criminal Involvement, 53 Crime & Delinq. 64, 70 (2007) (PDF, 242 KB)
Kurlychek, Megan, et al., Long-term crime desistance and recidivism patterns – Evidence from the Essex County Convicted Felon Study, 50 Criminology 1:94-95 (2012) (PDF, 4 MB)

Importance of Personal Interviews in Reducing Unconscious Bias:
Pager, Devah, The Mark of a Criminal Record 108 Am. J. Soc. 937, 960 (2003)
Pager, Devah, et al., Race at Work: A Field Experiment of Discrimination in Low-Wage Labor Markets, 21 (Princeton U. 2008)
Pager, Devah, et al., Sequencing Disadvantage: Barriers to Employment Facing You and White Men with Criminal Records, 623 Annals of the Am. Acad. of Pol. & Soc. Sci. 195, 200-09 (2009)