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Myth: Hiring People with Criminal Records Increases Risk

FACT: No studies support the idea that formerly incarcerated individuals pose a greater security risk.


Further, organizations in New York are protected from negligent hiring lawsuits. Insurers who write commercial crime insurance policies must provide coverage to an employer who has weighed the factors set out in NYCorrection Law Article 23-A and made a determination to hire the justice-involved applicant (NYS Insurance Regulation 209 of 2017). There is a presumption of due diligence if the employer uses the 23-A analysis. Also, bonding ensures businesses can be insured for free by the federal government for up to $25,000 for any loss of money or property when hiring someone with a criminal record.


This post is an excerpt from Cornell University IRL (Industrial and Labor Relations) School's original post by Timothy McNutt, "9 Myths About Hiring People with Criminal Records"


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