Why would a job application say that one can omit whether or not he or she has a felony conviction if it was in New York or Hawaii?

July 7, 2009 9:18 AM

Why would a job application say that one can omit whether or not he or she has a felony conviction if it was in New York or Hawaii?

I've been scouring the internets to find an answer to this (including the employment law sections of both of those states' website), and I haven't been able to come up with an answer.

If anyone either knows an answer to this or knows a way which I could actually find relevant information, it would be much appreciated. Thank you

posted by plungerjoke to Law & Government (6 answers total)

Just a guess, but maybe New York and Hawaii have stronger laws protecting the privacy of job applicants?
posted by box at 9:25 AM on July 7, 2009

Check the code for those states. Either case law or code sections likely prohibit the asking of that question. It is likely a form bought by the business, so it covers all 50 states.
posted by Ironmouth at 9:32 AM on July 7, 2009

I don't have a cite, but according to someone at ExpertLaw, it's illegal to ask in California, Hawaii, Illinois, Massachusetts, Michigan, New York, Ohio, Rhode Island, Utah, and Wisconsin.
posted by JaredSeth at 9:33 AM on July 7, 2009

I'd guess that the company in question conducts business in both Hawaii and New York, and has to go along with their laws on criminal background checks.
posted by zamboni at 9:36 AM on July 7, 2009

Response by poster: that is what I'm thinking too, zamboni
just found out what company it is, and I'm looking into it now.
posted by plungerjoke at 9:41 AM on July 7, 2009

Correction: it's legal in California for an employer to ask about felony convictions. If somebody was charged but not convicted, that's not something an employer can ask about.
posted by Lexica at 6:28 PM on July 7, 2009