Hold the position open and allow the applicant at least three business days to respond.
If the applicant responds with relevant documents or information, the employer must consider whether those materials, under an Article 23-A Analysis, require reversal of its decision to rescind the job offer. If they do not, or if the applicants fails to provide a satisfactory response in a timely manner, the employer must send the applicant a “Notice of Adverse Action,” along with additional copies of:
the criminal background report,
the “Summary of Your Rights Under the Fair Credit Reporting Act,” and
Article 23-A of the New York Correction Law.
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Further restrictions on New York City employers’ ability to take adverse action against applicants or employees based on their criminal history are on the horizon. The New York City Council just passed a bill which will significantly expand the scope of the New York City Fair Chance Act (FCA). If enacted, the bill would impose restrictions on an employer’s ability to take any adverse action against an applicant or current employee based on pending criminal charges or arrests currently not covered by the FCA and will also extend the FCA to cover current employees convicted of a crime while employed. After passing the council on December 10, the legislation now goes to Mayor DeBlasio, who signed the FCA into law in 2015. Mayor DeBlasio has 30 days to sign, veto, or take no action on the legislation. Given his prior support for legislation in this area and other workers’ rights laws, the mayor is not expected to vet