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An amendment to New York City Fair Chance Act NYFCA became effective and significantly extended protections for employees and applicants with criminal histories. New York City Commission on Human Rights also issued specific guidance on NYFCA and these amendments in the summer.
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,...
To embed, copy and paste the code into your website or blog: The New York City Council has amended the Fair Chance Act (FCA) to expand employment protections for job applicants and employees with criminal conviction histories. The amendments became law on January 10, 2021, (upon being returned to the Council unsigned by Mayor Bill de Blasio) and take effect on July 29, 2021. General Overview As detailed in our prior advisory, the FCA prohibited most New York City employers from making inquiries into an applicant's criminal conviction history until after extending to the applicant a conditi...