Professional Documents
Culture Documents
Page 1 of 27
Employment Office
EMPLOYMENT APPLICATION
FIRST NAME
(M)
DATE
Company Policy prohibits discrimination on the basis of race, sex, sexual orientation, color, age, national origin, creed or disability.
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EMPLOYMENT APPLICATION
Failure to answer every question could result in a delay of your application.
PERSONAL INFORMATION
LAST NAME (please print)
FIRST
MIDDLE
CITY OR TOWN
STATE
ZIP CODE
PAGER NO.
FAX NO.
E-MAIL ADDRESS
EDUCATIONAL INFORMATION
DO YOU HAVE A:
HIGH SCHOOL DIPLOMA
G.E.D.
NONE
Address:
MAJOR SUBJECT
City:
State:
TYPE:
IF NONE, #
CREDITS
COMPLETED:
TYPE:
IF NONE, #
CREDITS
COMPLETED:
TYPE:
IF NONE, #
CREDITS
COMPLETED:
CERTIFICATE
NEITHER
ADDRESS
MAJOR SUBJECT
CERTIFICATE
NEITHER
ADDRESS
MAJOR SUBJECT
CERTIFICATE
NEITHER
ADDRESS
IF YES, EXPLAIN
BUSINESS AND PROFESSIONAL MEMBERSHIPS, LICENSES AND/OR CERTIFICATES RELATED TO THIS POSITION
NAME OF ORGANIZATION
DATES
CITY
STATE
NAME OF ORGANIZATION
DATES
CITY
STATE
Company Policy prohibits discrimination on the basis of race, sex, sexual orientation, color, age, national origin, creed or disability.
Page 3 of 27
EMPLOYMENT INFORMATION (List all employers for the last 10 years, starting with most recent. Give full addresses including non-US
employers use Supplemental Forms, if necessary).
NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
CITY
STATE
ZIP
CITY
STATE
ZIP
CITY
STATE
ZIP
CITY
STATE
ZIP
Company Policy prohibits discrimination on the basis of race, sex, sexual orientation, color, age, national origin, creed or disability.
Page 4 of 27
YES
NO
WHAT WAS THE RESULT?
YES
NO
YEAR
STATE:
YEAR
YES
NO
YES
POSITION
YEAR
NO
SUPPLEMENTARY INFORMATION
HAVE YOU EVER SERVED IN THE U.S. ARMED FORCES?
YES
BRANCH OF SERVICE
RANK AT DISCHARGE
NO
FROM
ARE YOU OR HAVE YOU EVER BEEN A MEMBER OF A PUBLICLY-FUNDED PENSION SYSTEM IN NYC OR NYS?
IF YES, PLEASE PROVIDE NAME OF SYSTEM AND INDICATE MEMBERSHIP TIER IF APPLICABLE:
IF YOU ANSWERED YES, ARE YOU CURRENTLY RECEIVING RETIREMENT BENEFITS FROM THIS PENSION PLAN?
YES
YES
NO
YES
NO
NO
NO
IF YOU ANSWERED YES TO EITHER OR BOTH OF THESE QUESTIONS, PLEASE USE THE ATTACHED
CONVICTION FORM (S) TO EXPLAIN THE CIRUMSTANCES. A SEPARATE CONVICTION FORM MUST BE USED
FOR EACH OCCURRENCE.
ANY OBJECTIONS TO WORKING NIGHTS, WEEKENDS OR HOLIDAYS?
YES
NO
HAVE YOU EVER BEEN TERMINATED
IF YES, EXPLAIN
FROM A JOB FOR A CAUSE?
YES
NO
IF SELECTED, HOW MUCH NOTICE DO YOU NEED TO GIVE CURRENT EMPLOYER?
YES
I certify that the information on this application and any attachments are, to the best of my knowledge and belief,
complete and accurate and that I have not knowingly withheld or falsified any pertinent facts or circumstances.
I hereby authorize MTA Long Island Rail Road or its authorized agents to investigate my background and verify
information provided. I certify that I will advise LIRR of any subsequent changes to this Employment Application.
I understand that any omission or misrepresentation of material fact in this application may result in rejection
of this application or dismissal. I further understand that an employment offer by MTA Long Island Rail Road
maybe contingent on a medical and/or physical examination and the results of the background investigation.
Signature________________________________________________________________Date_________
DATE:
COMMENTS:
Company Policy prohibits discrimination on the basis of race, sex, sexual orientation, color, age, national origin, creed or disability.
Page 5 of 27
PERSONAL INFORMATION
LAST NAME (please print)
FIRST
MIDDLE
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
6. NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELEPHONE NO.
HR NAME/TITLE
7. NAME OF EMPLOYER
EMPLOYMENT DATES(Month/Year)
FROM:
TO:
ADDRESS
SUPERVISORS NAME/TITLE
LAST SALARY
YOUR TITLE
HR TELPHONE NO.
HR NAME/TITLE
CITY
STATE
CITY
STATE
CITY
STATE
COMMENTS:
DATE:
ZIP
ZIP
ZIP
I certify that the information on this application and any attachments are, to the best of
my knowledge and belief, complete and accurate and that I have not knowingly
withheld or falsified any pertinent facts or circumstances. I hereby authorize MTA
Long Island Rail Road or its authorized agents to investigate my background and verify
information provided. I certify that I will advise LIRR of any subsequent changes to this
Employment Application.
I understand that any omission or misrepresentation of material fact in this
application may result in rejection of this application or dismissal. I further
understand that an employment offer by MTA Long Island Rail Road maybe
contingent on a medical and/or physical examination and the results of the
background investigation.
Signature_______________________________________Date__________________
Company Policy prohibits discrimination on the basis of race, sex, sexual orientation, color, age, national origin, creed or disability.
Page 6 of 27
Please complete the following information thoroughly, specifically and accurately, as this
information will be included in a background investigation.
The term offense includes felonies, misdemeanors, violations, and traffic infractions. A plea of
guilty is a conviction even if you were never imprisoned, were placed on probation, only paid a
fine, were conditionally or unconditionally discharged or received a Certificate of Relief from
Disabilities.
A conviction record or pending charges will not be an automatic bar to employment. Your
application will be considered in its entirety. However, any false statement of fact or
omission thereof, regarding convictions or pending charges may disqualify you from
employment.
In answering the following questions, DO NOT DISCLOSE any conviction that (i) is a
SEALED CONVICTION OR (ii) that is classified as a YOUTHFUL OFFENDER
ADJUDICATION.
(A) Have you ever been convicted of an offense anywhere? Yes
No
(B) If yes, list each conviction on a Supplemental Form A Explanation of Conviction.
(C) Have you been charged with or accused of an offense that is currently pending
against you? Yes
No
(D) If yes, list each pending charge on a Supplemental Form B Explanation of Pending
Charge.
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_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Name
Relationship
Position
Department
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
This statement becomes part of the employment application and is subject to the same provisions
regarding false and misleading information.
I,___________________________, certify that the information given above is true and that I have not
knowingly withheld any facts. It is understood that any false statements will be grounds for rejection
of my application or dismissal.
Signature:__________________________________
Dated:___________________________
HR Representative:__________________________
Dated:___________________________
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REFERRAL SOURCE
Please indicate how you were referred to the MTA Long Island Rail Road.
Please check appropriate box:
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and optional.
The MTA Long Island Rail Road is an Equal Opportunity Employer (M/F/D). The
information requested is to assist us with our record keeping. The information will
kept confidential and will not be used to make a decision about your employment.
Gender:
Ethnicity:
Male
Female
Race:
White (not Hispanic or Latino) A person having origins in any of the original peoples of
Europe, the Middle East, or North Africa.
Black or African American A person (not Hispanic or Latino) having origins in any of the
Black racial groups in Africa.
Asian (not Hispanic or Latino) A person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam
Native Hawaiian or Other Pacific Islander A person (not Hispanic or Latino) having
origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
American Indian or Alaska Native (not Hispanic or Latino) A person having origins in any
of the original peoples of North and South America (including Central America), and who
maintain tribal affiliation or community attachment.
Other All persons who identify with two (2) or more of the above five (5) races.
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1.
2.
3.
4.
5.
With respect to an employee who violated a DOT drug and alcohol regulation,
documentation of the employees successful completion of DOT return to duty
requirements (including follow-up tests). If the previous employer does not have
information about the return to duty process (e.g. an employer who did not hire an
employee who tested positive on a pre-employment test) the employee must
provide that information.
Attached is a Supplemental Application for Safety Sensitive Positions. Please complete the
application and print and sign your name where indicated.
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Have you been employed in a Department of Transportation (DOT) regulated position over the last
two (2) years? Yes
No
If you answered Yes, please list the Company name(s) and addresses where you performed
DOT regulated work in the last two (2) years.
A.________________________________________________________________
B.________________________________________________________________
2.
In the past two (2) years have you been denied employment for a DOT regulated safety-sensitive
position because you tested positive on the pre-employment drug or alcohol test? If you answer Yes,
please provide details pertaining to the positive test result. Yes
No
____________________________________________________________________
3.
In the past two (2) years, have you ever refused to undergo any pre-employment drug or alcohol test
administered by an employer, and were denied employment, for a DOT regulated safety-sensitive work
for which you were applying? If you answer Yes, please provide details pertaining to the refusal to
test. Yes
No
4.
____________________________________________________________________
Have you ever violated a DOT drug and alcohol regulation? If you answer Yes, indicate the employer
you were working for and when this violation occurred. Yes
No
_________________________________________________________________________
5.
If you answered Yes to question #2, #3, and/or #4, you must provide documentation of your
successful completion of DOT return to duty requirements, including follow-up drug and alcohol tests.
As a prospective, newly hired or promoted employee of the MTA-Long Island Rail Road, you are required to
sign an authorization for the LIRR to obtain information from DOT regulated employers who have employed
you during the two (2) years before the date of your application or transfer.
I, (print name)________________________________________________________________,
authorize the MTA Long Island Rail Road to obtain information from DOT regulated employers who have
employed me during the last two (2) years before the date of my application or transfer. I understand that if I
do not provide written consent, I will not be able to perform safety-sensitive functions.
Signature_______________________________________Date:___________________________
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Employment Office
Yes
No
_________________________________
Print Name
_______________________________
(Human Resources Representative)
________________________
Signature
_____________
Date
_______________________
Date
Authorization-Release (3405)
Revised: 11/11/08
Page 15 of 27
DATE:____________
Please provide two (2) professional references in addition to those already included on your Employment
Application, as follows:
(1)
Name:
Job Title:
Company
Telephone No.:
Street
City
State
Zip Code
(2)
Name:
Job Title:
Company
Telephone No.:
Street
City
State
Signature:__________________________________
Zip Code
Date: __________________________
Page 16 of 27
AUTHORIZATION/RELEASE
Current/Prior Employees of MTA Agencies Only
To be completed only by applicants who are currently employed or were previously employed at an
MTA Agency New York City Transit, Metro-North Railroad, Bridges and Tunnels, Business Service Center, Capital
Construction, Headquarters or Long Island Rail Road.
Please provide the MTA Agency name and address and the name and telephone number of
your current or former supervisor at an MTA Agency.
Agency Name:
Job Title:
Supervisor:
Telephone No.:
Company:
Street
City
State
Zip Code
Regarding my application for employment, please furnish The Long Island Rail Road
Company with attendance (3 years), discipline, service records and performance appraisals (if applicable) relating to
my employment with your agency at your earliest convenience.
Records should preferably be faxed to (718) 558 6896 or (718) 523 6888, or mailed to:
The Long Island Rail Road Company
Employment Office, Mail Code 2902 ( Att:________________)
Jamaica Station
Jamaica, New York 11435
I,___________________________, certify that the information given above is true and that I have
not knowingly withheld any facts. It is understood that any false statements will be grounds
for rejection of my application or dismissal.
___________________________________
Print Name
___________________________________
Signature
_______________________________
Date
__________________________________
(Human Resources Representative)
_______________________________
Date
Page 17 of 27
Last Name
I understand that MTA-LIRR (MTA Long Island Rail Road) will use Sterling Infosystems Inc., 1 State Street, New York, NY
10004, (877) 424-2457 to obtain a consumer report and/or investigative consumer report (Report) for employment purposes. I
also understand that if hired, to the extent permitted by law, LONG ISAND RAIL ROAD may obtain further Reports throughout my
employment for an employment purpose from Sterling.
I understand Sterling Infosystems Inc.s (STERLING) investigation may include obtaining information regarding my credit
background, bankruptcies, lawsuits, judgments, paid tax liens, unlawful detainer actions, failure to pay spousal or child support,
accounts placed for collection, character, general reputation, personal characteristics and standard of living, driving record and
criminal record, subject to any limitations imposed by applicable federal and state law.
I understand such information may be
obtained through direct or indirect contact with former employers, schools, financial institutions, landlords and public agencies or
other persons who may have such knowledge. If an investigative consumer report is being requested, I understand such information
may be obtained through any means, including but not limited to personal interviews with my acquaintances and/or associates or
with others whom I am acquainted.
The nature and scope of the investigation sought is indicated by the selected services below: (Employer Use Only)
Criminal Background Check
Education Verification
Employment Verification
Professional License/Certification
I acknowledge receipt of the attached summary of my rights under the Fair Credit Reporting Act and, as required by law, any related
state summary of rights (collectively Summaries of Rights).
This consent will not affect my ability to question or dispute the accuracy of any information contained in a Report. I understand if
LONG ISAND RAIL ROAD makes a conditional decision to disqualify me based all or in part on my Report, I will be provided with a
copy of the Report and another copy of the Summaries of Rights, and if I disagree with the accuracy of the purported disqualifying
information in the Report, I must notify LONG ISAND RAIL ROAD within five business days of my receipt of the Report that I am
challenging the accuracy of such information with STERLING.
I hereby consent to this investigation and authorize LONG ISAND RAIL ROAD to procure a Report on my background.
In order to verify my identity for the purposes of Report preparation, I am voluntarily releasing my date of birth, social security
number and the other information and fully understand that all employment decisions are based on legitimate non-discriminatory
reasons.
The name, address and telephone number of the nearest unit of the consumer reporting agency designated to handle inquiries
regarding the investigative consumer report is:
Sterling Infosystems, Inc. | 1 State Street, 24th Floor, New York, NY 10004 | 877-424-2457 | or | 5750 West Oaks Boulevard, Ste.
100
Rocklin, CA 95765 | 800-943-2589 |or | 6111 Oak Tree Boulevard, Independence, OH 44131 |800-853-3228
California, Maine, Massachusetts, Minnesota, New Jersey & Oklahoma Applicants Only: I have the right to request
a copy of any Report obtained by LONG ISAND RAIL ROAD from STERLING by checking the box. (Check only if you wish to
receive a copy)
California, Colorado, Connecticut, Maryland, Oregon, Vermont and Washington State Applicants Only (AS
APPLICABLE): I further understand that LONG ISAND RAIL ROAD will
not obtain information about my credit history, credit
worthiness, credit standing, or credit capacity unless: (i) the information is required by law; (ii) I am seeking employment with a
Page 18 of 27
financial institution (California, Colorado, Connecticut and Vermont only in California the financial institution must be subject to
Sections 6801-6809 of the U.S. Code and in Vermont it must be a financial institution as defined in 8 V.S.A. 11101(32) or a
credit union as defined in 8 V.S.A. 30101(5)); (iii) I am seeking employment with a financial institution that accepts deposits
that are insured by a federal agency, or an affiliate or subsidiary of the financial institution or a credit union share guaranty
corporation that is approved by the Maryland Commissioner of Financial Regulation or an entity or an affiliate of the entity that is
registered as an investment advisor with the United States Securities and Exchange Commission (Maryland only); (iv) I am
seeking employment in a position which involves access to confidential financial information (Vermont only); (v) I am seeking
employment in a position which requires a financial fiduciary responsibility to the employer or a client of the employer, including
the authority to issue payments, collect debts, transfer money, or enter into contracts (Vermont only); (vi) the LONG ISLAND
RAIL ROAD can demonstrate that the information is a valid and reliable predictor of employee performance in the specific
position being sought or held; (vii) I am seeking employment in a position that involves access to an employers payroll
information (Vermont only); (viii) the information is substantially job related, and the bona fide reasons for using the
information are disclosed to me in writing, (complete the question below) (Colorado, Connecticut, Maryland, Oregon and
Washington only);(ix) I am seeking employment as a covered law enforcement officer, emergency medical personnel, firefighter
police officer, peace officer or other law enforcement position (California, Oregon and Vermont only - in Oregon the police or peace
officer position must be sought with a federally insured bank or credit union and in Vermont the law enforcement officer position
must be as defined in 20 V.S.A. 2358, the emergency medical personnel must be as defined in 24 V.S.A. 2651(6), and the
firefighter position must be as defined in 20 V.S.A. 3151(3)); (x) the LONG ISAND RAIL ROAD reasonably believes I have
engaged in specific activity that constitutes a violation of law related to my employment (Connecticut only); (xi) I am seeking a
position with the state Department of Justice (California only); (xii) I am seeking a position as an exempt managerial employee
(California only); and/or (xiii)) I am seeking employment in a position (other than regular solicitation of credit card applications at
a retail establishment) that involves regular access to all of the following personal information of any one person: bank or credit
card account information, social security number, and date of birth,, I am seeking employment in a position that requires me to be
a named signatory on the employers bank or credit card or otherwise authorized to enter into financial contracts on behalf of the
employer, I am seeking employment in a position that involves access to confidential or proprietary information of the LONG ISAND
RAIL ROAD or regular access to $10,000 or more in cash (California only).
Bona fide reasons why LONG ISAND RAIL ROAD considers credit information substantially job related (complete if
this is the sole basis for obtaining credit information) or in California and Vermont the LONG ISAND RAIL ROADS
basis for the credit check.
_____________________________________________________________________________________________________
NY Applicants Only: I also acknowledge that I have received the attached copy of Article 23A of New Yorks Correction Law. I
further understand that I may request a copy of any investigative consumer report by contacting STERLING. I further understand
that I will be advised if any further checks are requested and provided the name and address of the consumer reporting agency.
California Applicants and Residents: If I am applying for employment in California or reside in California, I understand I have the
right to visually inspect the files concerning me maintained by an investigative consumer reporting agency during normal business
hours and upon reasonable notice. The inspection can be done in person, and, if I appear in person and furnish proper identification;
I am entitled to a copy of the file for a fee not to exceed the actual costs of duplication. I am entitled to be accompanied by one
person of my choosing, who shall furnish reasonable identification. The inspection can also be done via certified mail if I make a
written request, with proper identification, for copies to be sent to a specified addressee. I can also request a summary of the
information to be provided by telephone if I make a written request, with proper identification for telephone disclosure, and the toll
charge, if any, for the telephone call is prepaid by or directly charged to me. I further understand that the investigative consumer
reporting agency shall provide trained personnel to explain to me any of the information furnished to me; I shall receive from the
investigative consumer reporting agency a written explanation of any coded information contained in files maintained on me.
Proper identification as used in this paragraph means information generally deemed sufficient to identify a person, including
documents such as a valid drivers license, social security account number, military identification card and credit cards. I understand
that I can access the following website http://sterlinginfosystems.com/privacy to view STERLINGS privacy practices, including
information with respect to STERLINGS preparation and processing of investigative consumer reports and guidance as to whether
my personal information will be sent outside the United States or its territories.
Washington State applicants or employees only: You also have the right to request from the consumer reporting agency a
written summary of your rights and remedies under the Washington Fair Credit Reporting Act.
_______________________________________________________________________________
Signature:
_______________
Todays Date:
Page 19 of 27
F I R S T
MI D D L E
First Name
L A S T
Last Name
S O C I A L
Social Security Number
Female
T E L E P H O N E
Primary Telephone Number (no dashes)
S T R E E T
A P T #
Current Address
Apt #
C I T Y
City
State
S T R E E T
Zip Code
A P T #
Previous Address
Apt #
C I T Y
City
State
Zip Code
D L #
Drivers License Number (no dashes)
License State
E MA I L
Email Address
Signature
I authorize my employer (or prospective employer) and its designated agents and representatives, including but not limited
to the company's insurance agent(s) and/or legal representative to obtain and review my motor vehicle record (MVR)
information. I voluntarily supply the information necessary to obtain driver license information from any state that I have
been licensed to drive a motor vehicle and release all parties involved from liability for doing so. I have the right, upon
written request, to a complete an accurate disclosure of the nature and scope of the report and a copy of my Consumer's
Rights under the Fair Credit Reporting Act. This authorization shall be valid in original, fax or copy form and shall serve
as an ongoing authorization to procure MVR information on an ongoing basis during my employment, membership or
contract period.
Date of Birth:
(Type or Print Name Legibly)
Address:
City, State, Zip Code:
Driver License #:
License Class:
Issuing State:
Have you ever held a driver license in any other state other than the above-mentioned issuing state?
YES
NO
If YES, list all state(s)
In the past 5 years have you ever been convicted of a traffic offense (not including parking tickets) in any other state other than
the above-mentioned issuing state?
YES
NO
Date
Page 21 of 27
________________________________________________________________
Date:
______/______/______
Page 22 of 27
You must be told information in your file has been used against you.
Anyone who uses a credit report, another type of consumer report, to deny your
application for credit, insurance, or employment or take another adverse action
against you must tell you, and must give you the name, address, and phone
number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain
all the information about you in the files of a consumer reporting agency (your
file disclosure). You will be required to provide proper identification, which may
include your Social Security number. In many cases, the disclosure will be free.
You are entitled to a free file disclosure if:
You have the right to ask for a credit score. Credit scores are numerical
summaries of your credit-worthiness based on information from credit bureaus.
You may request a credit score from consumer reporting agencies that create
scores or distribute scores used in residential real property loans, but you will
have to pay for it. In some mortgage transactions, you will receive credit score
information for free from the mortgage lender.
You may limit prescreened offers of credit and insurance you get based
on information in your credit report. Unsolicited prescreened offers for
credit and insurance must include a toll-free phone number you can call if you
choose to remove your name and address from the lists these offers are based
on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1888-567-8688).
Identity theft victims and active duty military personnel have additional
rights. For more information visit www.consumerfinance.gov/learnmore.
You may have additional rights under Article 25 of the NY State General Business Law.
For more information, contact the NYS Attorney General or the NYS Department of
States Division of Consumer Protection. For more information about your federal
rights, contact:
TYPE OF BUSINESS:
1a. Banks, savings associations and credit unions
with total assets of over $10 billion and their
affiliates.
1b. Such affiliates that are not banks, saving
associations, or credit unions also should list, in
addition to the Bureau:
CONTACT:
a. Bureau of Consumer Financial Protection
1700 G Street NW
Washington, DC 2006
b. Federal Trade Commission: Consumer
Response Center FCRA
Washington, DC 20580
(877) 382-4357
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c.
3. Air carriers
d.
Page 25 of 27
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of one or more criminal offenses, or by reason of a finding of lack of good moral character when
such finding is based upon the fact that the individual has previously been convicted of one or
more criminal offenses, unless:
There is a direct relationship between one or more of the previous criminal offenses and the
specific license or employment sought or held by the individual; or
the issuance or continuation of the license or the granting or continuation of the employment
would involve an unreasonable risk to property or to the safety or welfare of specific individuals
or the general public.
753. Factors to be considered concerning a previous criminal conviction; presumption.
1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the
public agency or private employer shall consider the following factors:
(a) The public policy of this state, as expressed in this act, to encourage the licensure and
employment of persons previously convicted to one or more criminal offenses.
(b) The specific duties and responsibilities necessarily related to the license or
employment sought or held by the person.
(c) The bearing, if any, the criminal offense or offenses for which the person was
previously convicted will have on his fitness or ability to perform one or more such duties or
responsibilities.
(d) The time which has elapsed since the occurrence of the criminal offense or offenses.
(e) The age of the person at the time of occurrence of the criminal offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf, in regard to his
rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private employer in protecting
property, and the safety and welfare of specific individuals or the general public.
In making a determination pursuant to section seven hundred fifty-two of this chapter, the public
agency or private employer shall also give consideration to a certificate of relief from disabilities
or a certificate of good conduct issued to the applicant, which certificate shall create a
presumption of rehabilitation in regard to the offense or offenses specified therein.
754. Written statement upon denial of license or employment. At the request of any
person previously convicted of one or more criminal offenses who has been denied a license or
employment, a public agency or private employer shall provide, within thirty days of a request,
a written statement setting forth the reasons for such denial.
755. Enforcement. 1. In relations to actions by public agencies, the provisions of this article
shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil
practice law and rules.
2. In relation to actions by private employers, the provisions of this article shall be enforceable
by the division of human rights pursuant to the powers and procedures set forth in article fifteen
of the executive law, and, concurrently, by the New York City Commission on Human Rights.
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