US: New York City Fair Chance Act Amendments in Effect

New York City’s Fair Chance Act (FCA), also known as the “ban the box” law, has been amended to add new protections for job seekers and current employees whose personal histories include certain non-convictions. Non-convictions under the new amendments may include unsealed violations, unsealed non-criminal offenses and pending criminal charges.

The existing requirements of the FCA aim to prevent discrimination based on arrest records or criminal convictions by limiting the types of inquiries employers can make regarding criminal histories. The law also put restrictions on when an employer can seek criminal background history information during the hiring process.

Under the new amendments to the FCA, independent contractors have a right to the Fair Chance Process, consumer reporting agencies must ensure compliance to avoid employment discrimination, employers cannot discriminate against a current employee who is convicted and temporary help agencies placing contingent workers are also required to follow the Fair Chance Process, among other requirements expanding the scope of protections for applicants and employees.

In addition, employers must now conduct any non-criminal search, such as references, education verifications, credit checks and civil searches, prior to extending a conditional offer to a candidate. If a conditional offer is made following the results of any of those non-criminal searches, only then may criminal searches, including motor vehicle records, be executed. Any employer that revokes a conditional job offer after a criminal background search must demonstrate that they would not have made the offer regardless of the applicant’s criminal history.

Takeaway: Ban the box regulations ensure candidates have opportunities based on their qualifications. For both employers and agencies hiring contingent workers, the FCA rules require that they impose discipline on a hiring process to ensure the reasons for rejecting a candidate are legitimate. Working with a talent solutions partner, companies can help ensure a consistent process for engaging workers across their recruiting resources and the contingent supplier network.

US: New York City Fair Chance Act Amendments in Effect

North America

EMEA

APAC