BUFFALO, N.Y. -- Attorney General Eric Schneiderman reached a deal with two retailers that will stop them from asking job-seekers about criminal backgrounds.
Schneiderman said Big Lots and Marshalls violated a Buffalo city law by asking applicants about their criminal histories on initial job applications. The deal will extend to stores the two chains operate statewide. The two stores will also each pay a penalty of about $100,000.
Schneiderman said questions about criminal history can prevent ex-convicts from finding a job, which he considers crucial to preventing repeat offenders. Demone Smith from the Buffalo Employment Training Center is the one of the original city council members who drafted the law. He said the legislation was meant to help create an atmosphere that would allow for ex-cons to better assimilate into society.
"I do understand the pain that comes with a crime, but after an amount of time, people with convictions, they have to get back to work, they have to support themselves,” said Smith.
"While it helps individuals that have a prior conviction be evaluated based on their experience and qualifications, it doesn't mean an employer can't ever ask about prior conviction history,” said Amy Hemenway, an attorney with Harter, Secrest & Emery. “That can occur later on in the process, so it’s really more of a timing issue as opposed to what can or can't be asked."