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New York, N.Y. (April 5, 2021) - The New York
City Human Rights Law (NYCHRL) is considered to be one of the most
progressive discrimination laws in the nation. Earlier this year,
the New York City Council passed a bill which expands the scope of
the New York City Fair Chance Act (FCA), more commonly known as the ban-the-box law. The FCA prohibits most New York City
employers from inquiring about an applicant s criminal history
until after the employer extends a conditional offer of employment.
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.
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New York City joined the ranks of municipalities with a “ban-the-box” law in 2015. The original law prohibited employers with 4 or more employees from asking about an applicant’s pending arrest or criminal conviction record until after making a conditional job offer. Recent amendments to the New York City Fair Chance Act will add new protections for employees with arrests or convictions during employment.
The New York City Council passed the local law on December 10, 2020. Mayor Bill DeBlasio did not sign or veto the law in the time allowed. As a result, the amendments became law on January 10, 2021. The changes will take effect on July 28, 2021.
Ban-the-Box Laws Set to Change or Enact in 2021 Should Push Hiring Managers to Review Background Screening Policies, Opines CriminalBackgroundRecords.com
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Every year laws governing the fair and legal use of public records as part of pre-employment background screening change or are enacted, and 2021 will not prove to be any different than the past. Adam Almeida, President and CEO of CriminalBackgroundRecords.com opines: “Every year there are changes to hiring laws and every year hiring managers and/or HR Departments should work closely with a well-qualified pre-employment background screening agency, such as CriminalBackgroundRecords.com to remain compliant with new laws, as well as existing.”
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Further restrictions on New York City employers’ ability to take adverse action against applicants or employees based on their criminal history are on the horizon. The New York City Council just passed a bill which will significantly expand the scope of the New York City Fair Chance Act (FCA). If enacted, the bill would impose restrictions on an employer’s ability to take any adverse action against an applicant or current employee based on pending criminal charges or arrests currently not covered by the FCA and will also extend the FCA to cover current employees convicted of a crime while employed. After passing the council on December 10, the legislation now goes to Mayor DeBlasio, who signed the FCA into law in 2015. Mayor DeBlasio has 30 days to sign, veto, or take no action on the legislation. Given his prior support for legislation in this area and other workers’ rights laws, the mayor is not expected to vet