The New York City Council has amended the Fair Chance Act (FCA) that prohibits most employers in the “Big Apple” from inquiring into the criminal records of job applicants until after a conditional job offer to expand employment protections. The amendments became law on January 10, 2021, and take effect on July 29, 2021.
The New York City Council revised the FCA – which was enacted in 2015 to prohibit discrimination based on arrest records or criminal convictions – to identify the specific circumstances upon which an employer can withdraw a conditional offer of employment. An employer can only revoke an offer based on one of three factors: