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NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment Tuesday, August 3, 2021
The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during employment.
The updated guidance, which does not have the force of law but which provides significant insight into the Commission’s interpretation of these topics, is being issued in connection with the
July 29, 2021 effective date of
Local Law 4, which adds significant new protections to the NYC Human Rights Law (“NYCHRL”) regarding applicant and employee criminal history, including a notable new requirement that employers take certain steps before denying or terminating employment based on
NYC Commission On Human Rights Issues Updated Enforcement Guidance On Consideration Of Criminal History In Hiring And Employment - Employment and HR mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
Wednesday, February 3, 2021
On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021.
Relevant Fair Chance Factors
The current New York City FCA regulations apply to an applicant’s arrest and conviction history and contain eight factors that are essentially the same as those set forth in the New York State Correction Law, Article 23-A, for analyzing whether an employer may “take adverse action against any applicant” based on the applicant’s arrest and conviction history. The new amendments add “relevant fair chance factors” that extend the FCA’s coverage to additional scenarios beyond an applicant’s arrest and conviction history. The newly enacted relevant fair chance factors apply to (i) applicants with pending arrests, (ii) employees pending arrests, and (iii) employees with criminal convictions. The new F
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On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021.
Relevant Fair Chance Factors
The current New York City FCA regulations apply to an applicant’s arrest and conviction history and contain eight factors that are essentially the same as those set forth in the New York State Correction Law, Article 23-A, for analyzing whether an employer may “take adverse action against any applicant” based on the applicant’s arrest and conviction history. The new amendments add “relevant fair chance factors” that extend the FCA’s coverage to additional scenarios beyond an applicant’s arrest and conviction history. The newly enacted relevant fair chance factors apply to (i) applicants with pending arrests, (ii) employees pending arrests, and (iii) employees with criminal co