Friday, January 29, 2021
On January 10, 2021, amendments to the New York City Fair Chance Act (“FCA”) – New York City’s “ban-the-box” law – were passed into law. The amended FCA will significantly expand employment protections for applicants and employees with criminal backgrounds, including convictions, charges, and arrests. The FCA amendments will go into effect in July 2021.
Current Requirements
The New York City FCA initially took effect on October 27, 2015 as an amendment to the New York City Human Rights Law (NYCHRL). The FCA incorporated existing New York State criminal background provisions, including Article 23-A of the New York Correction Law, into New York City law. The FCA currently prohibits employers from inquiring about an applicant’s conviction history until after the employer extends a conditional offer of employment.