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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 conditional offer of employment.
In addition, the FCA made it an unlawful discriminatory practice to deny employment or take adverse action against an employee because the individual has a prior conviction history, unless the employer undergoes an individualized analysis to determine that the employee s criminal conviction history bears a direct relationship to the position in question. The FCA als