New York Consent to Credit History, Background and Reference Check by Potential Employee

State:
Multi-State
Control #:
US-04330BG
Format:
Word
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Description

This is a consent form to be signed by a potential Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


Businesses rarely prosper by treating employees unfairly. Successful businesses, particularly in nonunion settings, are a meritocracy. People are selected because of their qualifications and are advanced because of their performance. While commendable, this simple rule is not enough to avoid Equal Employment Opportunity (EEO) legal pitfalls. In Hawaii, for example, an employment application that inquires into felony convictions is unlawful on its face and can expose well-meaning employers and their individual managers to thousands of dollars in damages. The key to EEO compliance is depth of knowledge of the law and how it applies to your business. Here is our compliance and loss prevention approach.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Unfortunately, while federal laws prevent discrimination in the workplace regarding race and gender, no such laws exist to prevent being denied a job due to poor credit history.

Under NY Corr L § 752 (2019), employers may not discriminate against applicants with one or more criminal convictions unless the convictions directly relate to the position, or hiring the applicant would place others at an unreasonable risk of harm.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

NYC agrees. A new law prohibits most businesses from checking or using your credit history for employment decisions.

Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.

Once an employer offers you a job, they can ask about and consider your criminal record. Employers can ask you if you have any criminal convictions. You must disclose felony and misdemeanor convictions, no matter how old they are. Employers can require you to authorize a background check.

Most job seekers don't' even know this, and it raises a really important question is: can you be denied a job because of bad credit? The short answer is yes, you can. Also, keep in mind that bad credit is different than no credit but in this case, bad credit can be the culprit.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

Criminal background checks can only be done after a conditional offer of employment. That background check must undergo a two-step process: If a criminal background check is run, any non-criminal background checks (education, references, job history, etc.) must be done before a conditional offer is made.

New York City passed the Fair Chance Act which makes it illegal for most employers to ask about criminal history before a prospective hire is offered a job. The same goes for Buffalo and Buffalo City Code Section 154-25.

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New York Consent to Credit History, Background and Reference Check by Potential Employee