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New York Article 23-A and GBL 380

Statewide New York duties for an employment consumer report: Correction Law 752 and 753, General Business Law 380-b and 380-j, and how they sit beside the city Fair Chance Act.

  • 50 min
  • 7 modules + exam
  • Certificate of completion

For employers hiring for work in New York State.

What you will be able to do

  • Recite the two section 752 grounds
  • List the section 753 factors in plain language
  • State the 380-j rule on arrests with no conviction and no pending charge

Syllabus

  1. 1Statewide New York is not the same as the cityArticle 23-A and General Business Law Article 25 apply across New York. The city's Fair Chance Act adds an earlier gate.7 min(open)
  2. 2Correction Law 752: two grounds onlyYou may deny employment because of a previous conviction only in the two situations the statute names.8 min
  3. 3Correction Law 753: the eight factorsSection 753 lists the factors you must consider, plus a presumption from a certificate of relief or good conduct.8 min
  4. 4General Business Law 380-bA consumer reporting agency may furnish a report only for listed purposes, and users have notice duties.7 min
  5. 5General Business Law 380-j: what a CRA may not reportArrests without a conviction, unless charges are still pending, are on the prohibited list. Accuracy duties also apply.8 min
  6. 6The New York coverage noteStatewide court coverage is not the same as a county hit. Read the product note. Do not invent an OCA search in this course.6 min
  7. 7Put the factors in writingIf you might deny the job because of a conviction, write the 753 factors. Do not keep them in a hallway conversation.6 min
  8. Final exam10 questions. 80% passes. Opens after the last module.
  9. Certificate of completionYour name, the course, and the date, with a public page anyone can check.

Sources

The primary sources this course is written from.

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