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Thursday, July 22, 2021 The New York City Council amended New York City’s Fair Chance Act (FCA) to significantly expand the scope of protections for applicants and employees with criminal charges or arrests. The amendments are effective on July 29, 2021. Below is a summary of the existing law highlighting the changes set forth by the amendments, which were refined by guidance recently issued by the New York City Commission on Human Rights. Existing Requirements The New York City FCA initially took effect on October 27, 2015. It generally prohibits employers from making inquiries a...

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...

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...

To embed, copy and paste the code into your website or blog: 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...