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Hiring decisions in New York City have become more regulated over the years to ensure fairness for job applicants with criminal records. One of the most important reforms in this area is the New York City Fair Chance Act, commonly referred to as the Ban the Box law.
The purpose of this law is to prevent employers from automatically screening out candidates based on their criminal history before they are fairly evaluated for their skills, experience, and qualifications. Instead of allowing early-stage discrimination, the law requires a structured hiring process where criminal background checks come later in the process.
As of 2026, the NYC Fair Chance Act continues to be strictly enforced by the New York City Commission on Human Rights, and it remains a key compliance requirement for most employers operating in the city.
AUTHOR YURIY MOSHES, ESQ
Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation
and real estate transactions as his areas of expertise
If you think your rights were violated during hiring or Ban the Box rules weren’t followed, a New York employment attorney can review your case and guide your next steps.
The NYC Fair Chance Act requirements apply broadly to most employers in the city. Any organization that hires in New York City is likely to fall under its scope.
It generally applies to:
There are limited exceptions, mainly for certain law enforcement roles or positions where background checks are legally required by state or federal law.
For the majority of employers, compliance is not optional — it is a legal requirement.
The NYC Fair Chance Act rules clearly restrict certain employer practices during hiring. These restrictions are meant to prevent both direct and indirect discrimination.
Employers are not allowed to:
Even if no hiring decision is made based on this information, early access or inquiry can still be considered a violation. These restrictions also connect with broader protections under New York law dealing with employment discrimination based on criminal history, which governs how employers must treat applicants with prior records.
Once a conditional job offer has been made, employers must follow Article 23-A New York employment law before making any final decision based on criminal history.
This law requires a fair and individualized assessment rather than automatic rejection.
Employers are expected to consider whether the conviction is relevant to the job, how much time has passed since the offense, and whether the applicant has demonstrated rehabilitation or positive conduct since then. They must also assess whether hiring the individual would create an unreasonable risk to people or property.
In simple terms, the law prevents employers from treating all criminal records the same. Instead, it requires them to look at the context and relevance of each case.
| Factor | What It Means in Hiring Decisions |
|---|---|
| Job relevance | Whether the conviction relates directly to job duties |
| Time passed | How long ago the offense occurred |
| Rehabilitation | Evidence of improvement or good conduct |
| Risk assessment | Whether hiring creates an unreasonable risk |
Despite clear legal requirements, violations of the NYC hiring laws for criminal record screening still occur.
Common issues include employers asking about criminal history too early, conducting background checks before a conditional offer, or failing to follow the required notice and response process. Some employers also fail to properly apply Article 23-A standards when making final decisions.
These violations can result in complaints being filed with the New York City Commission on Human Rights, which has the authority to investigate and enforce penalties. In cases where discrimination is suspected, individuals often seek legal assistance from firms experienced in workplace rights and employment law disputes, such as an NYC employment discrimination attorney, to evaluate potential claims and legal remedies.
The NYC Fair Chance Act employee rights framework provides strong protections for job applicants.
Applicants have the right to be considered for employment without early-stage criminal screening. They must receive a fair and structured evaluation process after a conditional offer and must be informed before any adverse decision is made. Importantly, they also have the right to respond to any concerns raised by the employer before a final decision is issued.
These protections ensure that hiring decisions remain fair, transparent, and legally compliant.
The New York City Fair Chance Act (Ban the Box law) is an important part of employment law in NYC, designed to promote fairness in hiring and reduce discrimination based on criminal history.
By controlling when background checks can be used and requiring employers to follow a structured evaluation process, the law ensures that candidates are judged primarily on their qualifications and not their past.
For employers, understanding and complying with these rules is essential to avoid legal risks. For job seekers, the law provides meaningful protection and a fair opportunity to compete for employment. The enforcement and interpretation of these rules are overseen by the NYC Commission on Human Rights, which provides official guidance and complaint procedures for violations:
If you believe your rights under the NYC Fair Chance Act have been violated, consulting an experienced New York employment attorney can help you understand your legal options.
The NYC Fair Chance Act, also known as the Ban the Box law, prevents employers from asking about an applicant’s criminal history before making a conditional job offer.
Employers can only conduct a criminal background check after they have extended a conditional job offer to the applicant.
Article 23-A requires employers to evaluate whether a criminal conviction is directly related to the job and whether hiring the applicant would create an unreasonable risk.
Yes, but only after the employer follows required legal steps, including providing notice, sharing background information, and giving the applicant time to respond.
Violations can be reported to the New York City Commission on Human Rights, which may investigate and impose penalties.
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