Hold the position open and allow the applicant at least three business days to respond.
If the applicant responds with relevant documents or information, the employer must consider whether those materials, under an Article 23-A Analysis, require reversal of its decision to rescind the job offer. If they do not, or if the applicants fails to provide a satisfactory response in a timely manner, the employer must send the applicant a “Notice of Adverse Action,” along with additional copies of:
the criminal background report,
the “Summary of Your Rights Under the Fair Credit Reporting Act,” and
Article 23-A of the New York Correction Law.