Adverse Action Guide
Adverse action can be complicated, but Verified Credentials is committed to simplifying it for you. Unfortunately, the laws governing this important obligation can be confusing, with some laws enacted at the state, county, and even municipal level.
To help you navigate your adverse action responsibilities, the map below indicates whether a state includes regulations at the state level, local level, or both.
Note that the content provided is generalizations or highlights and not intended to cover the nuances of each law comprehensively or completely. This content shall not be construed as legal advice or opinion and may not contain everything required for your organization to comply with its legal obligations. Organizations should consult their legal counsel regarding this content to ensure compliance.
State Regulations
Explore this interactive map to see which states have adopted statewide or local adverse action regulations. Easily identify where these important policies are in place to help guide your hiring decisions and ensure compliance.
Not pictured: Guam
For specifics on a state or local area's regulations, click its name in the list below.
State Regulations
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Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether candidate's criminal history has direct and adverse relationship with specific duties of job. Employer shall consider:
(i) The nature and gravity of the offense or conduct;
(ii) The time that has passed since the offense or conduct and completion of the sentence; and
(iii) The nature of the job held or sought.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employers must:
(i) provide notice of the disqualifying criminal history as basis for preliminary decision;
(ii) provide a copy of the criminal history report;
(iii) provide explanation of candidate's right to respond to the notice before the decision becomes final;
(iv) that the candidate's response may include submission of evidence challenging the accuracy of the criminal history report, evidence of rehabilitation or mitigating circumstances, or both; and (v) the deadline by which the candidate must respond.
Requires Modified AA Notice
Yes; employer must:
(i) provide notice of final denial or disqualification, but employer does not need to justify or explain its reasoning;
(ii) provide notice of any existing procedure the employer has for the applicant to challenge the decision or request reconsideration; and
(iii) notify the candidate of the right to file a complaint with the California Department of Fair Employment and Housing.
Time to Respond
At least 5 business days, plus an additional 5 business days if the candidate notifies employer that they dispute the accuracy or completeness of the criminal history and are taking steps to support the assertation.
Coverage
Public/Private; any person who employs five or more person to perform services for a wage or salary.
Legal Authority
Cal. Gov't Code §§ 12945.6(a)(3), 12952(c); Cal. Code of Regs. § 11017.1.
Local Regulations
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City of Los Angeles
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the employer can effectively link the specific aspects of the criminal history information with risks inherent in the duties of the job position sought by the candidate. The employer shall consider factors identified by the U.S. Equal Employment Opportunity Commission and other facts as may be required by the Department of Public Works, Bureau of Contract Administration.
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must provide the candidate a Fair Chance Process, including:
(i) a copy of the written assessment performed;
(ii) any other information or documentation supporting the employer's proposed adverse action.
Requires Modified AA Notice
Yes; employer must provide:
(i) notice of the employer's decision; and
(ii) a copy of the employer's individualized assessment, which must include consideration of additional information or documentation provided by the candidate in the fair chance process.
Time to Respond
At least 5 business days
Coverage
Private; any employer who has 10 or more employees.
Legal Authority
-
City of San Francisco
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a direct and specific negative bearing on that person's ability to perform the duties or responsibilities necessarily related to the employment position, the time that has elapsed since the conviction or unresolved arrest, and any evidence of inaccuracy or evidence of rehabilitation or other mitigating factors. The employer shall consider whether the employment position offers the opportunity for the same or a similar offense to occur and whether circumstances leading to the conduct for which the candidate was convicted or that is the subject of an unresolved arrest will recur in the employment position
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; the employer must:
(i) provide the candidate with a copy of the background check report, if any; and
(ii) notify the candidate of the preliminary adverse action and the items forming the basis for this decision.
Requires Modified AA Notice
No
Time to Respond
7 days, extended by "a reasonable period" if the candidate provides notice of evidence of the inaccuracy or of rehabilitation or other mitigating factors.
Coverage
Private; any person who is located in or does business in San Francisco and employs 5 or more persons.
Legal Authority
-
Unincorporated Los Angeles County
Individualized Assessment Required?
Yes; the employer must conduct two individualized assessments--a first assessment prior to preliminary adverse action notice and a second assessment prior to final adverse action notice.
Individualized Assessment Inquiry
Whether the candidate's criminal history has a direct, adverse, and negative bearing on the candidate's ability to perform the duties or responsibilities necessarily related to the applied-for position. Employers must consider the following factors:
(i) the nature and gravity of the offense or conduct, including but not limited to, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the candidate when the conduct occurred, and the permanence of the harm or offense;
(ii) The time that has passed since the offense or conduct and/or completion of the sentence;
(iii) The nature of the employment position sought or held, including consideration of the specific duties of the job, whether the employment position offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an unresolved arrest will recur in the employment position;
(iv) any and all evidence of rehabilitation or mitigating circumstances; and
(v) if the candidate disputes the accuracy of the background report, any documents relating to the dispute or explanation of criminal history information.
Link to forms:
Initial Individualized Assessment
Second Individualized Assessment
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must provide, via email and regular mail:
(i) notice of intent to take adverse action due to the candidate's criminal history;
(ii) an explanation of the candidate's right to respond to the preliminary notice of adverse action before the decision becomes final, including information regarding the waiting periods and timelines to respond and the response may include evidence challenging the accuracy of the background report or other criminal history information, or voluntary submission of evidence of rehabilitation or mitigating circumstances;
(iii) a copy of the initial individualized assessment;
(iv) notice of the disqualifying convictions that are the basis for the intended adverse action; and
(v) a copy of the background report obtained by the employer, if any, and any other information or documentation relating to the candidate's criminal history obtained by the employer.
Requires Modified AA Notice
Yes; the employer must provide:
(i) notice that it has made a final adverse action decision against the candidate;
(ii) a copy of the second individualized assessment;
(iii) notice of the disqualifying convictions that are the bsais for the final adverse action;
(iv) information regarding any existing procedure the employer has for the candidate to challenge the decision or request reconsideration; and
(v) notice of the candidate's right to file a complaint with the Los Angeles County Department of Consumer & Business Affairs ("DCBA") and with California's Civil Rights Department.
Time to Respond
At least 5 business days. If the candidate provides noticing within these 5 business days that they are disputing the accuracy of a background report or that the candidate needs additional time to obtain written evidence of rehabilitation or mitigating circumstances, then the candidate shall be provided at least 10 additional business days to respond.
Coverage
Private; any person who has five or more employees located or doing business in the unincorporated areas of Los Angeles County.
Legal Authority
Los Angeles County Code of Ordinances, Title 8, ch. 8.300 - Fair Chance Ordinance for Employers
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Unincorporated San Diego County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate's criminal history has a direct and adverse relationship with the specific duties of the job that justify denying the candidate the position. The employer must consider:
(i) the nature and gravity of the offense or conduct.
(ii) the time that has passed since the offense or conduct and completion of the sentence.
(iii) the nature and duties of the job held or sought.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must:
(i) provide notice of the disqualifying convictions that are the basis for the preliminary decision to rescind the offer;
(ii) a copy of the criminal background check report or other source of the information;
(iii) notice of the candidate's right to file a complaint with County of San Diego Office of Labor Standards and Enforcement for violation of the County's Fair Chance Ordinance, and with California's Civil Rights Department for violation of the Fair Chance Act; and
(iv) an explanation of the candidate's right to respond to the notice of the employer's preliminary decision before that decision becomes final and the deadline to respond. The explanation shall inform the candidate that the response may include the submission of evidence challenging the accuracy of the criminal background check report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both.
Requires Modified AA Notice
No
Time to Respond
At least 5 business days, plus 5 additional business days if the candidate disputes accuracy of criminal background check report.
Coverage
Private; any person who is located in or does business in the unincorporated areas of San Diego County and employs 5 or more persons.
Legal Authority
San Diego County Ordinances, title 2, div. 1, ch. 27 - Fair Chance Ordinance
Federal District Regulations
-
Expand federal district regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a legitimate business reason to take adverse employment action. Employer shall consider:
(i) The specific duties and responsibilities necessarily related to the employment sought or held by the candidate;
(ii) The bearing, if any, of the criminal offense for which the candidate was previously convicted will have on their fitness or ability to perform one or more such duties or responsibilities;
(iii) The time which has elapsed since the occurrence of the criminal offense;
(iv) The age of the candidate at the time of the occurrence of the criminal offense;
(v) The frequency and seriousness of the criminal offense; and
(vi) Any information produced by or on behalf of the candidate regarding their rehabilitation and good conduct since the occurrence of the criminal offense.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs more than 10 employees to perform services for a wage or salary.
Legal Authority
Local Regulations
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Gainesville
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate is unsuitable for the job based on an individualized assessment, which must include consideration of the following factors:
(i) The nature and gravity of any offenses in the candidate's criminal history;
(ii) The candidate's age at the time of the offense;
(iii) The length of time since the offense and completion of the sentence;
(iv) The nature and duties of the job for which the candidate has applied; and
(v) Any information demonstrating the candidate's rehabilitation and good conduct since the occurrence of the criminal offense.
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employers must:
(i) inform the individual of the basis for the prelimiary decision;
(ii) provide a copy of the criminal history records, if any; and
(iii) provide the candidate with a reasonable opportunity to provide the employer with additional context about the criminal history records and any information demonstrating the candidate's rehabilitation and good conduct since the occurrence of the criminal offense.
Requires Modified AA Notice
Yes; employers must:
(i) provide notice that the adverse action was based on the candidate's criminal history; and
(ii) include the following statement in the notice: "This notice is provided in accordance with the City of Gainesville Code of Ordinances, chapter 14.5, section 14.5-181, which regulates the process and timing of criminal background checks conducted on job applicants."
Time to Respond
N/A
Coverage
Private; all private persons who employ at least 15 employees whose primary work location is in the City of Gainesville for each working day in each of 4 or more calendar weeks in the current or preceding calendar year.
Legal Authority
Local Regulations
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Atlanta
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
How is the criminal history is related to the job position's responsibilities, based on the following considerations:
(i) whether the candidate committed the offense;
(ii) the nature and gravity of the offense;
(iii) the time since the offense; and
(iv) the nature of the job for which the candidate has applied.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Private; all private employers
Legal Authority
Territory Regulations
-
Expand territory regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a legitimate business reason to take adverse employment action. Employer shall consider:
(i) the specific duties and responsibilities necessarily related to the employment sought or held by the candidate;
(ii) the bearing, if any, that the open criminal case or criminal history will have on the candidate’s fitness or ability to perform one or more such duties and responsibilities;
(iii) the time which has elapsed since the occurrence of the pending criminal case or criminal history;
(iv) the age of the person at the time of the pending criminal case or criminal history;
(v) the frequency and severity of the pending criminal case or criminal history; and
(vi) any information produced by or on behalf of the candidate regarding their rehabilitation and good conduct since the occurrence of the pending criminal case or criminal history.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs more than 15 employees to perform services for a wage or salary.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the criminal history bears a rational relationship to the duties and responsibilities of the position.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs one or more employees.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a substantial relationship between the criminal history and the employment sought or held, or whether the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. In determining whether a substantial relationship is present, the employer shall consider:
(i) the length of time since the conviction;
(ii) the number of convictions that appear on the conviction record;
(iii) the nature and severity of the conviction and its relationship to the safety and security of others;
(iv) the facts or circumstances surrounding the conviction;
(v) the age of the employee at the time of the conviction; and
(vi) evidence of rehabilitation efforts.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employers must:
(i) provide notice of the disqualifying criminal history;
(ii) provide notice of the reasoning for the disqualification;
(iii) provide a copy of the criminal history report, if applicable; and
(iv) an explanation of the candidate's right to respond to the notice before the decision becomes final, and that any response may include submission of evidence challenging the accuracy of the criminal history that is the basis for the disqualification, or evidence in mitigation, such as rehabilitation.
Requires Modified AA Notice
Yes; employer must:
(i) provide notice of final denial or disqualification and the reasoning for the disqualification;
(ii) provide notice of any existing procedure the employer has for the applicant to challenge the decision or request reconsideration; and
(iii) notify the candidate of the right to file a complaint with the Illinois Department of Human Rights.
Time to Respond
At least 5 business days.
Coverage
Public/Private; any person who employs 15 or more employees to perform services for a wage or salary.
Legal Authority
Local Regulations
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City of Chicago
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a substantial relationship between one or more of the criminal offenses and the employment sought or held; or whether granting or continuing employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. In evaluating substantial relationship, the employer must consider:
(i) the length of time since the conviction;
(ii) the number of convictions that appear on the conviction record;
(iii) the nature and seventy of the conviction and its relationship to the safety and security of others;
(iv) the facts or circumstances surrounding the conviction;
(v) the age of the employee at the time of the conviction; and
(vi) evidence of rehabilitation efforts.
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employers must provide:
(i) notice of disqualifying criminal history or anything else that is the basis for the preliminary decision;
(ii) the employer's reasoning for the disqualification;
(iii) a copy of the criminal history records, if any; and
(iv) an explanation of the candidate's right to respond to the notice of the employer's preliminary decision before that decision becomes final. The explanation shall inform the employee that the response may include, but is not limited to, submission of evidence challenging the accuracy of the conviction record that is the basis for the disqualification, or evidence in mitigation, such as rehabilitation.
Requires Modified AA Notice
Yes; employers must provide:
(i) notice of the disqualifying criminal history or anything else that is the basis for the final decision;
(ii) the employer's reasoning for the disqualification;
(iii) any existing procedure the employer has for the candidate to challenge the decision or request reconsideration; and (iv) the right to file a complaint with the Chicago Commission on Human Relations
Time to Respond
At least 5 business days
Coverage
Public/Private; any person who provides employment for 1 or more employees in the current or preceding calendar year, and who: (i) is subject to one or more license requirements under Chicago City code; or (ii) maintains a business facility within the geographic boundaries of the City of Chicago.
Legal Authority
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Cook County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
The County of Cook must consider:
(i) The nature of the candidate's specific offenses;
(ii) The nature of the candidate's sentencing;
(iii) The number of the candidate's convictions;
(iv) The length of time that has passed following the candidate's most recent conviction;
(v) The relationship between the candidate's crimes and the nature of the relevant position;
(vi) The age of the candidate at the time of the most recent conviction;
(vii) Any evidence of rehabilitation, including, but not limited to, whether the candidate has completed a treatment or counseling program;
(viii) The extent to which the candidate has been open, honest, and cooperative in the examination of their background; and
(ix) Any other information which the County of Cook deems relevant to the candidate's suitability for the position.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public; County of Cook serving as an employer.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the criminal history has a direct and adverse relationship with the specific duties of the job. The employer shall consider:
(i) the nature and gravity of the offense or conduct;
(ii) the time that has elapsed since the offense, conduct, or conviction; and
(iii) the nature of the job sought.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs one or more employees.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
An employer must afford the candidate an opportunity to explain the criminal history information and the circumstances regarding any convictions, including post-conviction rehabilitation.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs one or more employees.
Legal Authority
Local Regulations
-
Montgomery County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
No specific guidelines
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must:
(i) provide the candidate a copy of the criminal record report; and
(ii) notify the candidate of the intention to take adverse action and the items that are the basis for the employer's decision.
Requires Modified AA Notice
No
Time to Respond
7 days
Coverage
Public/Private; any person (except Federal or local employers) operating and doing business in Montgomery County who has 1 or more employees.
Legal Authority
Montgomery County Code, Part II, ch. 27, art. XII - Fair Criminal Record Screening Standards
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Prince George’s County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Consider only specific offenses that may demonstrate unfitness to perform the duties of the position sought by the candidate, the time elapsed since the specific offenses, and any evidence of inaccuracy in the record.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employers must:
(i) provide the candidate with a copy of any criminal record report; and
(ii) provide written notice of the intention to take adverse action and the items that are the basis for the intention to take such adverse action.
Requires Modified AA Notice
No
Time to Respond
7 business days
Coverage
Prince George's County/Private; any person who operates and does business in Prince George's County and who employs 10 or more employees.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
No
Individualized Assessment Inquiry
N/A
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes, only if employer possesses candidate's CORI criminal history record.
Requires Modified PAA Notice
Yes; employer must provide CORI policy to candidate, if applicable.
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/private; all employers.
Legal Authority
Local Regulations
-
Grand Rapids
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Employers may consider criminal history resulting in convictions by carefully considering, on a case-by-case basis:
(i) the nature and severity of the crime;
(ii) the age of the candidate at the time of the crime;
(iii) whether there have been repeat offenses
(iv) whether the candidate maintained a good employment history before or after the conviction; and
(v) evidence of rehabilitation efforts, and whether the crime for which the candidate was convicted may pose a demonstrable risk to the health, safety or welfare of other employees or persons or to property.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; all persons compensating one or more individuals for the performance of work in a lawful business or enterprise.
Legal Authority
Local Regulations
-
Minneapolis
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a relationship between the underlying conduct of the criminal history or record and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment. Employer must consider:
(i) whether the candidate was convicted of the offense;
(ii) the length of time since the alleged offense or conviction;
(iii) the nature and gravity of the crimes:
(iv) the age of the candidate at the time the crimes were committed;
(v) any evidence of rehabilitation efforts offered in support of the candidate; and
(vi) any unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Private; any person who hires or employs any employee within the City of Minneapolis, or whose services are to be partially or wholly performed in the City of Minneapolis.
Legal Authority
Local Regulations
-
Kansas City
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the criminal history information is reasonably related to the duties and responsibilities of the candidate's job position. The employer must consider all information available including the frequency, recentness, and severity of the criminal history information.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any employer who has 6 or more employees.
Legal Authority
State Regulations
-
Expand state regulations
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a direct relationship between the criminal history and the employment sought or held; or whether the continuation of employment would involve unreasonable risk to property or the safety or welfare of specific individuals or the general public. Employers shall consider:
(i) The state's public policy of encouraging employment of people previously convicted of one or more criminal offenses.
(ii) The specific duties and responsibilities necessarily related to the employment sought or held.
(iii) The bearing, if any, the criminal offenses for which the candidate was previously convicted will have on their fitness or ability to perform one or more such duties or responsibilities.
(iv) The time which has elapsed since the occurrence of the criminal offenses.
(v) The age of the candidate at the time of occurrence of the criminal offenses.
(vi) The seriousness of the offenses.
(vii) Any information produced by or on behalf of the candidate regarding their rehabilitation and good conduct.
(viii) The legitimate interest of the employer in protecting property, and the safety and welfare of specific individuals or the general public.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Private; any person who employs ten or more people. Public; all employers.
Legal Authority
Local Regulations
-
City of Buffalo
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a direct relationship between the criminal history and the employment sought or held; or whether the continuation of employment would involve unreasonable risk to property or the safety or welfare of specific individuals or the general public. Employers shall consider:
(i) The state's public policy of encouraging employment of people previously convicted of one or more criminal offenses.
(ii) The specific duties and responsibilities necessarily related to the employment sought or held.
(iii) The bearing, if any, the criminal offenses for which the candidate was previously convicted will have on their fitness or ability to perform one or more such duties or responsibilities.
(iv) The time which has elapsed since the occurrence of the criminal offenses.
(v) The age of the candidate at the time of occurrence of the criminal offenses.
(vi) The seriousness of the offenses.
(vii) Any information produced by or on behalf of the candidate regarding their rehabilitation and good conduct.
(viii) The legitimate interest of the employer in protecting property, and the safety and welfare of specific individuals or the general public.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any employer who has 15 or more employees.
Legal Authority
City of Buffalo Code Ch. 154, Art. V; N.Y. CLS Correc. §§ 750-53
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City of New York
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a direct relationship between the alleged wrongdoing that is the subject of the criminal history information and the employment sought or held by the candidate, or whether the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Employers must consider the following fair chance factors:
1. With respect to arrests or convictions preceding employment, other than arrests or criminal accusations pending at the time of application for employment, the factors set forth in section 753 of the New York correction law.
2. With respect to arrests or criminal accusations pending at the time of an application for employment and arrests or convictions that have occurred during employment:
(i) the policy of the city, as expressed in this chapter, to overcome stigma toward and unnecessary exclusion of persons with criminal justice involvement in the areas of licensure and employment;
(ii) the specific duties and responsibilities necessarily related to the employment held by the person;
(iii) the bearing, if any, of the criminal offense or offenses for which the applicant or employee was convicted, or that are alleged in the case of pending arrests or criminal accusations, on the applicant or employee's fitness or ability to perform one or more such duties or responsibilities;
(iv) whether the person was 25 years of age or younger at the time of occurrence of the criminal offense or offenses for which the person was convicted, or that are alleged in the case of pending arrests or criminal accusations;
(v) the seriousness of such offense or offenses;
(vi) the legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public; and
(vii) any additional information produced by the applicant or employee, or produced on their behalf, in regards to their rehabilitation or good conduct, including history of positive performance and conduct on the job or in the community, or any other evidence of good conduct.
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must:
(i) request from the candidate information relating to the fair chance factors;
(ii) perform the individualized assessment and provide a written copy of the individualized assessment to the candidate, which shall include supporting documents that formed the basis for an adverse action and the reasons for taking adverse action; and
(iii) hold the position open during the applicable waiting period.
Requires Modified AA Notice
No
Time to Respond
At least 5 business days
Coverage
Public/Private; any person who has 4 or more employees.
Legal Authority
-
City of Rochester
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to property or to the safety of individuals or the general public.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs 4 or more persons within the City of Rochester.
Legal Authority
-
Suffolk County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to property or to the safety of individuals or the general public.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any person who employs another person.
Legal Authority
Local Regulations
-
Portland
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate's criminal history is job related for the position in question and consistent with businses necessity. Employer must consider:
(i) the nature and gravity of the criminal offense;
(ii) the time that has elapsed since the criminal offense took place; and
(iii) the nature of the employment held or sought.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
Yes; employer must:
(i) provide notice in writing of the employer's decision and identify the relevant criminal convictions on which the decision is based.
Time to Respond
N/A
Coverage
City of Portland/Private; any person who employs six or more employees.
Legal Authority
Local Regulations
-
City of Philadelphia
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the criminal history record includes conviction for an offense that did not later result in exoneration, whether the conviction bears such relationship to the employment sought that the employer may reasonably conclude that the candidate would present an unacceptable risk to the operation of the business or to co-workers or customers, and whether the exclusion of the candidate is compelled by business necessity. The employer's assessment must include consideration of the following factors:
(i) the nature of the offense;
(ii) the time that has passed since the offense;
(iii) the candidate's employment history before and after the offense and any period of incarceration;
(iv) the particular duties of the job being sought;
(v) any character or employment references provided by the candidate; and
(vi) any evidence of the candidate's rehabilitation since the conviction.
Provide Individualized Assessment to Candidate?
Yes
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
Yes
Requires Modified PAA Notice
Yes; employer must:
(i) provide notice in writing of the employer's decision and its basis including identification of the disqualifying records; and
(ii) provide the candidate a copy of the criminal record report.
Requires Modified AA Notice
No
Time to Respond
10 business days
Coverage
Private; any person who employs any persons within the City of Philadelphia.
Legal Authority
-
Lehigh County
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the conviction record information relate to the candidate's suitability for employment.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Public/Private; any employer who has 1 or more employees.
Legal Authority
Local Regulations
-
City of Austin
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate is unsuitable for the job based on an individualized assessment. The employer shall consider, at a minimum:
(i) the nature and gravity of any offenses in the candidate's criminal history;
(ii) the length of time since the offense and completion of the sentence; and
(iii) the nature and duties of the job for which the candidate has applied.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
Yes
Time to Respond
N/A
Coverage
Private; all private persons who employ at least 15 employees whose primary work location is in the City of Austin for each working day in each of 20 or more calendar weeks.
Legal Authority
-
City of De Soto
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether the candidate is unsuitable for the job based on an individualized assessment.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
No
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
No
Requires Modified AA Notice
No
Time to Respond
N/A
Coverage
Private; all private persons who employ at least 15 employees whose primary work location is in the City of DeSoto for each working day in each of 20 or more calendar weeks.
Legal Authority
DeSoto Code of Ordinances, ch. 4, art. 2100 – Fair Chance Hiring
Local Regulations
-
City of Seattle
Individualized Assessment Required?
Yes
Individualized Assessment Inquiry
Whether there is a legitimate business reason, which involves a decision of whether the nature of the criminal conduct underlying the conviction or pending charge either: (i) will have a negative impact on the candidate's fitness or ability to perform the position sought or held, or (ii) will harm or cause injury to people, property, business reputation, or business assets, and the employer has considered the following factors:
(a) the seriousness of the underlying criminal conviction or pending criminal charge;
(b) the number and types of convictions or pending criminal charges;
(c) the time that has elapsed since the conviction or pending criminal charge, excluding periods of incarceration;
(d) any verifiable information related to the candidate's rehabilitation or good conduct, provided by the candidate;
(e) the specific duties and responsibilities of the position sought or held; and
(f) the place and manner in which the position will be performed.
Provide Individualized Assessment to Candidate?
No
Identify Disqualifying Criminal History?
Yes
Attach Disqualifying Criminal History Report to PAA and/or AA Notice?
No
Requires Modified PAA Notice
Yes; employer must:
(i) identify to the candidate the criminal records or information on which they are relying; and
(ii) give the candidate a reasonable opportunity to explain or correct that information.
Requires Modified AA Notice
No
Time to Respond
At least two business days
Coverage
Private; any person who employs another person.
Legal Authority
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