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NYC Amends Fair Chance Limiting Criminal History Consideration


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.  ....

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