Covered employers
Employers with 4 or more employees (including the owner) in New York City.
Timing of inquiry
Criminal-history inquiries are prohibited until after a conditional offer. The 2021 amendments extended the rules to pending arrests, non-conviction dispositions, and current employees.
Individualized assessment
Employers must apply the Article 23-A factors and the seven NYC Fair Chance factors before taking any adverse action; a written analysis is strongly evidenced.
Adverse-action workflow
Provide the candidate a copy of the report, the written Article 23-A/Fair Chance analysis, and at least 5 business days to respond and present evidence before finalizing the decision.
Notice & posting
Mandatory 'Fair Chance Notice' (Form FCA-1) must be delivered with any pre-adverse decision; ads may not contain disqualifying-language about criminal history.
Enforcement & penalties
NYC Commission on Human Rights. Civil penalties up to $250,000 per willful violation, plus compensatory damages and mandated policy changes.
Citations
- NYC Admin. Code §8-107(10), (11), (11-a)
- NY Correction Law Art. 23-A