What is Article 23-A and how does it affect New York employers?

New York Correction Law Article 23-A prohibits employers from denying employment solely based on a prior conviction unless there is a direct relationship between the offense and the job, or hiring would pose an unreasonable risk. Employers must conduct an 8-factor individualized assessment before making an adverse decision.

What is the NYC Fair Chance Act?

The NYC Fair Chance Act (ban-the-box) prohibits NYC employers with 4+ employees from asking about criminal history until after a conditional offer. If the employer decides to withdraw the offer, they must go through a specific multi-step process including an Article 23-A analysis, written notice, and a waiting period before finalizing the decision.

New York

Background Screening for New York Employers

New York's Article 23-A and the NYC Fair Chance Act make New York one of the most complex states for employment background screening. We help NY employers stay compliant at every step.

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New York's Layered Compliance Landscape

New York employers face compliance at two levels: statewide Article 23-A applies everywhere in New York, and the NYC Fair Chance Act imposes even stricter requirements on employers hiring in New York City.

Violating the NYC Fair Chance Act can result in complaints to the NYC Commission on Human Rights, civil lawsuits, and significant financial penalties. Getting the process right — the timing, the notice, the waiting period — is non-negotiable for NYC employers.

Article 23-A — Individualized Assessment

Statewide law requiring an 8-factor analysis before any adverse employment decision based on criminal history. Blanket disqualification policies are unlawful.

NYC Fair Chance Act (Ban-the-Box)

NYC employers with 4+ employees cannot ask about criminal history until after a conditional offer. Rescinding requires Article 23-A analysis + written notice + waiting period.

New York City Salary Transparency

NYC requires salary ranges in job postings — important context for employers building hiring workflows that touch criminal history timing.

FMCSA / DOT Requirements

New York is a major freight and logistics corridor. Motor carriers operating through NYC, Buffalo, and Albany must maintain FMCSA compliance.

Our New York Screening Services

Article 23-A & Fair Chance Act Compliant Workflow

We configure screening timing and adverse action documentation to comply with both statewide and NYC-specific requirements.

Criminal History Searches

New York county courthouse searches, statewide criminal records, and national database searches — with the right disclosure forms for NY.

Employment & Education Verification

Confirm work history and credentials for New York candidates.

Drug & Alcohol Testing

Pre-employment and ongoing drug testing with LabCorp sites across New York State.

DOT Compliance

Driver qualification file management and Clearinghouse queries for New York motor carriers.

Adverse Action Process

Full pre-adverse and adverse action documentation including the specific NYC Fair Chance Act notice requirements.

New York-Compliant Screening from Day One

We handle Article 23-A and Fair Chance Act compliance so your team doesn't have to track it manually.

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