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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
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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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 extend the FCA to cover current employees convicted of a crime while employed. After passing the council on December 10, the legislation now goes to Mayor DeBlasio, who signed the FCA into law in 2015. Mayor DeBlasio has 30 days to sign, veto, or take no action on the legislation. Given his prior support for legislation in this area and other workers’ rights laws, the mayor is not expected to vet