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NYC Commission On Human Rights Issues Updated Enforcement Guidance On Consideration Of Criminal History In Hiring And Employment - Employment and HR
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New Legal Enforcement Guidance on the Amended NYC Fair Chance Act Issued by the New York City Commission on Human Rights | Stroock & Stroock & Lavan LLP
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NYC Amends Fair Chance Act | Bond Schoeneck & King PLLC
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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 about an applicant’s criminal conviction record until after a conditional offer of employment. It further requires employers who wish to withdraw a conditional offer of employment to balance numerous factors (FCA Factors) as part of the Fair Chance Process, which analyzes the job-relatedness of the applicant’s conviction. For details, see our articles, New York City Enacts Ban-the-Box Leg