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Article 23-A (NY Correction Law)

New York's eight-factor analysis before disqualifying a candidate for a conviction.

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Definition

Article 23-A of the New York Correction Law sets out the eight factors a New York employer must consider before denying employment based on a criminal conviction: public policy, specific duties, bearing of the offense on fitness, time elapsed, age at offense, seriousness, evidence of rehabilitation, and the employer's legitimate interest. The analysis must be documented. SafestHires generates the worksheet directly inside the report face-sheet so adjudicators have a single artifact.

Related terms

  • Individualized Assessment The EEOC-recommended analysis of a specific candidate's circumstances before denial.
  • Adverse Action Any hiring decision based on a consumer report; FCRA §615 requires a two-step notice process.

Need help applying this?

SafestHires builds these rules into the screening workflow so adjudicators do not have to remember them. See the compliance hub for the relevant statute set, or contact us to talk through a program.