Employees and Applicants Have Rights After a Prior Conviction
A prior criminal conviction does not automatically allow an employer to deny employment, fire an employee, or refuse promotion. New York law limits how employers may consider criminal history. New York City also has strong protections through the Fair Chance Act, which is part of the New York City Human Rights Law.
New York Article 23-A and the NYC Fair Chance Act
New York Correction Law Article 23-A generally requires employers to evaluate specific factors before taking adverse action based on a criminal conviction. Employers typically must consider the relationship between the conviction and the job, the time elapsed, age at the time of the offense, evidence of rehabilitation, the seriousness of the offense, and the employer’s legitimate safety interests.
In New York City, N.Y.C. Admin. Code § 8-107 includes Fair Chance Act protections. Employers generally must follow required procedures before withdrawing an offer or taking adverse action based on criminal history, including providing notices and an opportunity to respond.
Examples of Possible Violations
Criminal conviction discrimination may include:
- Rejecting an applicant automatically because of a background check.
- Asking about criminal history too early in the hiring process.
- Failing to conduct an individualized assessment.
- Ignoring evidence of rehabilitation.
- Treating old or unrelated convictions as automatic disqualifiers.
- Firing an employee after a background check without required procedures.
- Using vague “company policy” instead of applying Article 23-A factors.
Why These Claims Matter
People with prior convictions often face unfair barriers to employment even after rehabilitation. New York law is designed to prevent blanket exclusions and require individualized consideration. Employers that rely on background checks must follow the law carefully.
Related Fingerhut Law Pages
Race Discrimination, Wrongful Termination, Retaliation for Protected Activity, NJ LAD.
Contact Fingerhut Law
If you were denied a job, fired, or treated unfairly because of a prior conviction or background check, contact Fingerhut Law for a confidential consultation.
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