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Original
2026-01-01
Modified
2026-02-28
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<p>New York City’s Ban the Box legislation the “Fair Chance Act,” which went into effect this past October, prohibits employers from inquiring about an applicant’s arrest or conviction record until after a conditional offer of employment is extended. One of the requirements of this act, the Article 23-A Evaluation Form, must be provided to the applicant by the employer.</p>
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<p>New York City’s Ban the Box legislation the “Fair Chance Act,” which went into effect this past October, prohibits employers from inquiring about an applicant’s arrest or conviction record until after a conditional offer of employment is extended. One of the requirements of this act, the Article 23-A Evaluation Form, must be provided to the applicant by the employer.</p>
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<p>The NYC Commission of Human Rights also recently published Legal Enforcement Guidance that elaborates key elements of the legislation, including details relating to:</p>
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<p>The NYC Commission of Human Rights also recently published Legal Enforcement Guidance that elaborates key elements of the legislation, including details relating to:</p>
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<p>√ The criminal background check process for employers, including, but not limited to:</p>
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<p>√ The criminal background check process for employers, including, but not limited to:</p>
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<ul><li>Background checks and inquiries into criminal history must be done only after a conditional offer;</li>
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<ul><li>Background checks and inquiries into criminal history must be done only after a conditional offer;</li>
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<li>Solicitations, advertisements, and publications for employment cannot mention criminal history;</li>
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<li>Solicitations, advertisements, and publications for employment cannot mention criminal history;</li>
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<li>Once an employer extends a conditional offer and learns of an applicant’s criminal record, it must solicit the information necessary to properly consider each Article 23-A factor, including the applicant’s evidence of rehabilitation; and</li>
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<li>Once an employer extends a conditional offer and learns of an applicant’s criminal record, it must solicit the information necessary to properly consider each Article 23-A factor, including the applicant’s evidence of rehabilitation; and</li>
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<li>Other requirements as to what should occur before and after the conditional offer.</li>
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<li>Other requirements as to what should occur before and after the conditional offer.</li>
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</ul><p>√ The Fair Chance Process, which requires:</p>
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</ul><p>√ The Fair Chance Process, which requires:</p>
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<ul><li>Disclosing to the applicant a written copy of any inquiry it conducted into the applicant’s criminal history;</li>
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<ul><li>Disclosing to the applicant a written copy of any inquiry it conducted into the applicant’s criminal history;</li>
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<li>Sharing with the applicant a written copy of its Article 23-A analysis on the Article 23-A Evaluation Form; and</li>
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<li>Sharing with the applicant a written copy of its Article 23-A analysis on the Article 23-A Evaluation Form; and</li>
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<li>Allowing the applicant at least three business days, from receipt of the inquiry and analysis, to respond to the employer’s concerns.</li>
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<li>Allowing the applicant at least three business days, from receipt of the inquiry and analysis, to respond to the employer’s concerns.</li>
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</ul><p>√ Violations and enforcement of the Act, stating “the Commission will vigorously enforce the FCA”</p>
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</ul><p>√ Violations and enforcement of the Act, stating “the Commission will vigorously enforce the FCA”</p>
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<p>√ Other areas where the Act is applicable (e.g. temporary help firms), and areas that call for exemption</p>
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<p>√ Other areas where the Act is applicable (e.g. temporary help firms), and areas that call for exemption</p>
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<p>√ Best practices for employers, such as the use of exemption logs when necessary.</p>
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<p>√ Best practices for employers, such as the use of exemption logs when necessary.</p>
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<p>You can read more about the Fair Chance Act, and other Ban the Box laws, by visiting Accurate Background’s<a><em>Legislative Updates</em></a>.</p>
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<p>You can read more about the Fair Chance Act, and other Ban the Box laws, by visiting Accurate Background’s<a><em>Legislative Updates</em></a>.</p>
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<h2>Latest Posts</h2>
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<h2>Latest Posts</h2>
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<p>The foregoing commentary is not offered as legal advice but is instead offered for informational purposes. Accurate Background is not a law firm and does not offer legal advice. The foregoing commentary is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user’s individual circumstances or to provide legal advice. Accurate Background makes no assurances regarding the accuracy, completeness, currency, or utility of the following information. If any regulatory developments and impacts are continuing to evolve in this area, please contact an attorney for more assistance.</p>
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<p>The foregoing commentary is not offered as legal advice but is instead offered for informational purposes. Accurate Background is not a law firm and does not offer legal advice. The foregoing commentary is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user’s individual circumstances or to provide legal advice. Accurate Background makes no assurances regarding the accuracy, completeness, currency, or utility of the following information. If any regulatory developments and impacts are continuing to evolve in this area, please contact an attorney for more assistance.</p>
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