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.
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If your business has a website (and whose doesn’t?) you may be a target for a claim under the Americans with Disabilities Act and similar state laws. These cases typically allege that the website is not accessible to the visually impaired. If you get hit with one of these claims, a quick and effective response increases the likelihood that the case can be resolved before it metastasizes into expensive litigation. If you are served with one of these lawsuits, or get a demand letter threatening one, here are the three key points to keep in mind.
Friday, January 8, 2021
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or about July 28, 2021. We highlight the changes in the law and action items below.
First, a Quick Refresher on the Current NYC Fair Chance Act
The Fair Chance Act prohibits employers from
inquiring about an applicant’s pending and past arrests and convictions until
after the employer extends to the applicant a conditional offer of employment. After extending that offer, the Act permits inquiry (except with respect to certain types of arrests and convictions), but requires an employer to undertake the Fair Chance Process should it wish to rescind the offer based on the applicant’s past arrest or conviction history.