New York background check regulations lay out several rules for conducting background checks, making decisions based on revealed information, and managing background check records. The cost of failing to comply with these rules can be steep. 

In this blog, we’ll delve into the specific risks of noncompliance, the key regulations employers need to understand, and practical steps to ensure your background check practices comply with the law.  

The Risks of Non-Compliance with Background Check Regulations in New York 

Failing to comply with New York’s background check requirements can open a company to several consequences, including lawsuits. An employee or job candidate may bring a claim against an employer for discrimination or similar misconduct in some instances.  

Some laws impose penalties apart from lawsuits. The Fair Credit Reporting Act, for instance, includes the risk of significant penalties for failure to comply with its requirements.  

Key Regulations for Employers 

Key rules and regulations for New York employers include: 

• New York’s Fair Credit Reporting Act – a state law with fair credit reporting requirements similar to, but more in-depth than, the federal fair credit law, and 

• In New York City, the Fair Chance Act – a local rule requiring employers to do two background checks, reserving criminal checks for after a conditional offer of employment is made.  

Certain federal laws affect background checks as well, including:  

• The Fair Credit Reporting Act, 

• Title VII of the Civil Rights Act of 1964. 

A comprehensive compliance plan accounts for local, state, and federal background check requirements. A background check service can help you comply with these laws.  

Staying Compliant with NY Background Check Regulations 

To stay compliant with New York’s background check regulations, first know which laws apply to your business. You’ll need to understand what rules you have to follow. 

Next, audit your existing background check procedures, if any. Check for compliance with the law. Make any changes necessary for compliance, and commit these to writing in your company policies. Provide additional staff training as needed to ensure compliance. 

Finally, consider working with an experienced background check provider. These organizations specialize in understanding New York background check rules and helping their clients follow them.  

Stay Compliant and Protect Your Business

Equip yourself with the knowledge to protect your business and maintain trust with both employees and clients. Talk to the team at Metrodata Services today!

Request a No-Obligation Background Screening Services Consultation