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NYS Rights, Records & Employment, Albany, NY (2026)

12/18/2025

What “Individualized Assessment” Actually Looks Like

When employers consider criminal history, the law does not allow blanket policies or automatic exclusions. Instead, they are required to conduct an individualized assessment. But what does that really mean in practice?

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Step 1: Review the Job Duties

Employers must start by understanding the specific responsibilities of the position. For example:

• Does the role involve handling money, working with children, or operating machinery?
• Are there safety-sensitive tasks?
• What level of supervision is in place?

The goal is to determine whether the conviction is relevant to the essential duties of the job.

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Step 2: Examine the Conviction Details

Not all convictions are the same. Employers should consider:

• The type of offense
• How serious it was
• How long ago it occurred
• The age of the person at the time

This ensures the decision is based on facts rather than assumptions or public perception.

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Step 3: Evaluate Evidence of Rehabilitation

Employers are encouraged to consider evidence that the individual has rehabilitated, such as:

• Work history since the conviction
• References from employers, supervisors, or community organizations
• Educational or vocational training completed
• Any other relevant accomplishments

This step helps determine whether the person presents an ongoing risk.

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Step 4: Consider Public Safety and Risk

Some jobs may involve heightened safety or regulatory concerns. In those cases, employers must weigh:

• Potential risks to others
• Industry standards or licensing requirements
• Any legal or regulatory obligations

Even then, the assessment must remain individualized and documented.

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Step 5: Document the Decision

A proper individualized assessment should always be documented. This shows that the employer:

• Considered all relevant factors
• Applied consistent standards
• Made a lawful, fair, and defensible decision

Documentation protects both the employer and the applicant.

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Key Takeaways
• “Individualized assessment” is about fair evaluation, not assumptions
• Blanket bans violate the law
• Each case must be job-specific, fact-specific, and documented
• Proper assessments protect workers, employers, and the community

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Disclaimer

This post is for general legal education only and is not legal advice. Laws vary by jurisdiction.

12/18/2025

Federal EEOC Rules on Criminal Background Checks

Many people assume employers can freely use criminal background checks in hiring. Under federal law, that is not true.

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including how criminal history may be used in employment decisions.

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What the EEOC says

The EEOC does not ban background checks. However, it does prohibit employers from using criminal history in a way that unfairly discriminates against protected groups.

Because criminal justice involvement disproportionately affects certain groups, blanket exclusions can violate federal law.

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What employers are NOT allowed to do

Under EEOC guidance, employers should not:

• Automatically disqualify all applicants with criminal records
• Use arrest records alone to deny employment
• Apply one-size-fits-all policies without review
• Ignore the relevance of the conviction to the job

Blanket bans are a major red flag under federal law.

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What employers ARE required to consider

The EEOC requires an individualized assessment when criminal history is used. This includes considering:

• The nature and gravity of the offense
• How much time has passed since the offense or sentence
• The nature of the job being sought

This is often referred to as the “three-factor analysis.”

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Arrests vs. convictions

An arrest alone is not proof of wrongdoing. Employers may not rely on arrest records by themselves to deny employment. Only convictions, and only when properly evaluated, may be considered.

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Opportunity to explain

The EEOC encourages employers to give applicants the chance to explain:

• The circumstances of the offense
• Evidence of rehabilitation
• Work history and references

Failure to allow this step can increase legal risk.

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How this works with state law

Federal EEOC rules work alongside state laws like New York’s Article 23-A. Employers must comply with both. When state law is more protective, employers must follow the stricter standard.

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What this does NOT mean

EEOC rules do not guarantee employment and do not prevent employers from making safety-based decisions. They require that decisions be lawful, relevant, and non-discriminatory.

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Why this matters

Improper use of criminal background checks can expose employers to discrimination claims, while lawful, individualized assessments protect both businesses and workers.

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Disclaimer

This post is for general legal education only and is not legal advice. Laws vary by jurisdiction.

12/18/2025

Employment Law: Myths vs. Facts About Criminal Records

There is a lot of misinformation about how criminal records affect employment. Below are some common myths and what the law actually says.

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Myth: Employers can refuse to hire or fire someone simply because they have a criminal record.

Fact: In New York, employers may not make employment decisions based solely on the existence of a criminal conviction. Article 23-A requires an individualized assessment before a decision can be made.

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Myth: If the public is uncomfortable, the employer has to act.

Fact: Public opinion, online pressure, or social media campaigns do not override employment law. Employers who act without following legal requirements may expose themselves to civil liability.

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Myth: Certain convictions automatically disqualify someone from working anywhere.

Fact: There are no automatic, universal employment bans under New York law. Each situation must be evaluated based on the job, the offense, the time that has passed, and evidence of rehabilitation.

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Myth: Article 23-A forces employers to hire people with criminal records.

Fact: Article 23-A does not guarantee employment. It requires employers to consider specific factors and make a lawful, individualized decision. Employers may deny employment when there is a direct relationship to the job or an unreasonable risk to safety.

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Myth: Harassment or pressure campaigns are protected speech.

Fact: Coordinated harassment, targeting private citizens, or interfering with employment can create legal consequences. Free speech does not include the right to harm others or pressure unlawful employment decisions.

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Myth: Employers are breaking the law just by hiring someone with a record.

Fact: Hiring someone with a criminal record is not illegal. In many cases, refusing to consider them properly is what violates the law.

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Why this matters

Employment law exists to balance fairness, safety, rehabilitation, and due process. When myths replace facts, people, businesses, and communities can all be harmed.

Understanding the law protects everyone.

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Disclaimer

This post is for general legal education only and is not legal advice. Laws vary by jurisdiction.

12/18/2025

Case Study: Understanding Article 23-A and Background Checks (Example)

Many people are confused about how criminal history affects employment decisions. Here’s a real-world example based on an anonymous case that was reviewed by the New York State Division of Human Rights. Names and identifying details are omitted to protect privacy.

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The Situation

• An applicant applied for a position with a major employer.

• The offer was contingent on a background check.

• The applicant had a prior criminal conviction but answered the employer’s criminal history questions truthfully.

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What Happened

• The employer rescinded the conditional job offer, claiming the applicant had lied on the application.

• The Division of Human Rights investigated and found that the applicant’s answers were truthful, and the employer assumed the conviction fell into a disqualifying category without proper review.

• Probable cause was found to believe that unlawful discrimination may have occurred under Article 23-A.

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What This Teaches Us About Employment Law

1. Truthfulness Matters, But Assumptions Do Not
Employers cannot automatically assume that a conviction makes someone ineligible. Each case must be factually and legally reviewed.

2. Individualized Assessment Is Required
Article 23-A requires that employers evaluate:

• The specific job duties

• The nature and severity of the offense

• Time elapsed since the conviction

• Evidence of rehabilitation

• Risk to public safety
Skipping this process or making assumptions can be unlawful.

3. Documentation Is Key
Employers must document the assessment to demonstrate fairness and compliance. Failing to properly investigate can lead to claims of discrimination.

4. Public Scrutiny vs. Legal Obligations
Even large companies must follow the law rather than public perception or internal assumptions.

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Key Takeaways

• Article 23-A protects applicants from automatic exclusion based on a criminal record.

• Employers must make individualized, documented, and legally sound hiring decisions.

• Misclassification or assumptions about convictions can lead to findings of probable cause for discrimination.

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Disclaimer

This post is for general legal education only and is not legal advice. Laws vary by jurisdiction.

12/18/2025

What Is Article 23-A?

There is a lot of confusion about New York’s employment laws, especially when criminal history is involved. Article 23-A of the New York Correction Law exists to clarify how employers are legally allowed to consider prior convictions when making employment decisions.

In simple terms, Article 23-A means that an employer may not automatically deny, terminate, or refuse to hire someone solely because they have a criminal record.

This applies to felony convictions, misdemeanor convictions, and convictions that occurred many years ago.

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What the law requires

Article 23-A requires employers to make an individualized assessment. That means each situation must be evaluated on its own facts. Employers must consider factors such as:

• The specific duties of the job
• The nature of the offense
• How much time has passed since the offense
• The person’s age at the time
• Evidence of rehabilitation
• Employment history
• Any legitimate public safety concerns

There is no legal shortcut around this process.

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What the law prohibits

Article 23-A prohibits blanket policies or automatic exclusions. Examples include statements such as:

“We don’t hire felons.”
“Any criminal conviction is disqualifying.”
“This person has a record, so they can’t work here.”

Policies like these are unlawful under New York law.

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A common misunderstanding

Public opinion or online pressure does not override employment law. Employers who make decisions based on outrage or fear, rather than the required legal analysis, can expose themselves to civil liability.

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Who Article 23-A applies to

Article 23-A applies to public and private employers, licensed professions, nonprofits, and many regulated industries throughout New York State.

The law protects people, not criminal behavior.

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What Article 23-A does not do

Article 23-A does not erase criminal records, guarantee employment, or prevent an employer from denying a position when there is a direct relationship between the offense and the job or an unreasonable risk to safety. It simply requires that decisions be lawful, fair, and individualized.

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Why this law exists

The law is based on evidence that fair hiring practices reduce recidivism, increase public safety, and promote stability. Due process in employment protects workers, employers, and communities alike.

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Disclaimer

This post is for general legal education only and is not legal advice. Laws vary by jurisdiction.

12/18/2025

Welcome to Employment Law Clarity

There is a lot of confusion online about employment law, especially when it comes to people with criminal histories. This page exists to provide clear, accurate, law-based education, not opinions, outrage, or calls to action.

What this page is:

Educational

Law-focused

Neutral and fact-based

Grounded in due process

We explain laws such as:

New York Correction Law Article 23-A

Federal EEOC guidance on criminal background checks

Why blanket employment bans are unlawful

How individualized hiring decisions are legally required

How misinformation can create legal risk for workers and employers

What this page is NOT:

Not advocacy for any individual

Not a defense of criminal conduct

Not a call to harass, boycott, or pressure employers

Not legal advice

Not commentary on specific cases or businesses

This page does not encourage action against any person or organization.

Why this matters

Employment law exists to balance:

Public safety

Fair hiring

Rehabilitation

Due process

When people misunderstand the law, the result is often:

Unlawful employment interference

Online harassment of private citizens

Legal exposure for employers and individuals alike

Understanding the law protects everyone.

How to engage here

Ask general legal questions

Learn how employment law actually works

Discuss respectfully and in good faith

Harassment, naming private individuals, or calls for retaliation will be removed.

Disclaimer

This page provides general legal education only. Nothing posted here is legal advice or a call to action. Laws vary by jurisdiction. Consult a qualified attorney for legal advice.

NYS Rights, Records & Employment

12/18/2025

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