Short answer
Can employers in Rochester ask about criminal history before a job offer?
Rochester Ban the Box Ordinance (effective November 18, 2014) applies to: Private employers with 4+ employees and City vendors doing work in Rochester. No criminal-history inquiry until after an initial interview or, if no interview, until after a conditional offer.
Covered employers
Private employers with 4+ employees and City vendors doing work in Rochester.
Timing of inquiry
No criminal-history inquiry until after an initial interview or, if no interview, until after a conditional offer.
Individualized assessment
Article 23-A factors govern; documentation expected on any rescission.
Adverse-action workflow
Standard FCRA workflow plus written Article 23-A analysis delivered to candidate.
Notice & posting
Postings cannot contain blanket disqualifying language about criminal history.
Enforcement & penalties
City of Rochester Office of Human Resource Management. Penalties up to $500 per violation.
Citations
- Rochester City Code §63-16