New year, new hiring headaches? Not if you're doing this right.
Look, we get it. The start of any new year - calendar or fiscal - feels like the perfect time to dust off those hiring policies and pretend you're going to fix everything that went wrong last year. But here's the thing: waiting for January 1st to implement best practices is like waiting for a fire to start before installing smoke detectors.
If you're conducting background investigations (and you absolutely should be), you better have your act together when it comes to using that information. While background checks are widely considered a best practice, how do you handle the results? That's where most employers trip over their own feet.
Here's a fun fact that might keep you up at night: If you conduct a background check and decide to pass on a candidate based on what you found, New York State doesn't just want you to make that decision - they want you to document exactly why you made it.
Thanks to Section 752 of Article 23-A, employers can't just wave their hands and say "criminal history = automatic no." The state figured out something revolutionary: employment helps reduce recidivism. Wild concept, right?
But don't think New York is being unreasonable here. They're not asking you to hire everyone with a criminal record. They've carved out two very sensible exceptions:
The keyword here is "documented." You can't just have a gut feeling - you need to show your work.
While Article 23-A is New York-specific, the U.S. Equal Employment Opportunity Commission’s (EEOC’s) guidance on this subject is crystal clear. "Any background information you receive from any source must not be used to discriminate in violation of federal law."
Translation? You can't reject candidates of one ethnicity for financial issues or criminal records while giving others with similar backgrounds a pass. Consistency isn't just nice to have—it's legally required.
The EEOC further clarifies its guidance with the following example:
If you don't reject applicants of one ethnicity with certain financial histories or criminal records, you can't reject applicants of other ethnicities because they have the same or similar financial histories or criminal records.
Here's where things get messy: With today's candidate shortage, you're likely interviewing more people with criminal records than ever before. Add in the revolving door of HR departments, and you've got a perfect storm brewing.
Without a systematic approach to evaluating adverse information, you're essentially playing Russian roulette with discrimination claims. One inconsistent decision could cost you big time.
To assist employers with this process, we have created the Individualized Assessment Decision Matrix™. Every time you discover adverse information in a background report, you document it in the matrix, whether you decide to hire the candidate or not.
This isn't just another compliance checkbox - it's your insurance policy against inconsistent hiring practices and discrimination claims.
The matrix captures:
There are 30 fields to complete in the spreadsheet (yeah, we take this stuff seriously!).
Here's the beautiful part: Once you establish that someone with a Level 1 sexual offense from three years ago is acceptable for a particular role, you've created your precedent. When a similar candidate with a Level 1 offense from five years ago applies for a comparable position, your decision is already made for you.
The Individualized Assessment Decision Matrix™ essentially becomes your guide to follow when similar circumstances arise in the hiring process.
Whether or not you are a NY-based company, the Individualized Assessment Decision Matrix™ is a good tool to adopt for several reasons:
Consistency That Means Something
The matrix ensures knowledge transfer about your historical approach to criminal convictions and adverse information. New HR manager? No problem - your decision-making framework is documented and ready to go.
Documentation That Holds Up Under Scrutiny
When (not if) you face a Department of Labor inquiry, the Individualized Assessment Decision Matrix™ becomes your statement of record. No scrambling to remember why you made certain decisions - it's all there.
Justification You Can Stand Behind
Reviewing your decision history helps you refine your process over time and provides solid justification for future actions. It's continuous improvement with legal protection built in.
With talent shortages forcing employers to consider candidates they might have automatically rejected in the past, consistent, defensible hiring practices aren't just nice to have—they're survival tools.
High turnover in HR departments makes this even more critical. Without documented processes, you're one personnel change away from a compliance disaster.
The Individualized Assessment Decision Matrix™ isn't just about staying compliant - it's about finding the right role for each candidate while protecting your organization from discrimination claims. It's strategic hiring with legal armor.
Ready to stop rolling the dice with your hiring decisions?
Get your copy of the Individualized Assessment Decision Matrix™ here and start building the consistent, defensible hiring process your organization needs.