1 in 3 Rule or Rule Of Three
When you take an exam, pass, and end up on a list, under NYS law a hiring manager can select candidates off the list using the “1 in 3 Rule” which is also known as “The Rule of Three”.
There have been many concerns about this practice, but it has been around a long time.
Basically, it allows an agency to select one out of three candidates in a particular place on the list, and not have to take the other two of the three.
For example, if there were three individuals on a list, with respective scores of 100, 95, and 90, and any of them would take the job if offered, the agency can select the one who scored 90 and can disregard the other higher-ranked candidates.
Here’s another example. Say an agency had five openings. A test was given, and a list was certified where one candidate scored 100, one who scored 95, and twenty who scored 90. The agency can skip the 100 and 95 and take their five from the twenty “90” core candidates.
I know of several people who has gotten disqualified based on that rule. What people dont know is if you do get disqualified based on that rule, all you have to do is go to DCAS and ask for your name be put back on the list. As long as the list is ACTIVE the agency will have to consider you from a pool of other candidates. You just have to hope there is someone else the agency doesn't want more than you.