Effective July 29, 2021, New York City employers will be pointedly more limited with regard to actions allowed against employees, applicants, and independent contractors as they relate to criminal background checks.

Since 2015, New York City’s Fair Chance Act (FCA) has prohibited employers from certain activities with regard to a candidate’s criminal history, including inquiring into that criminal history until after a conditional offer of employment has been made. Recently, the New York City Council made revisions to the FCA to significantly expand protections for applicants and employees.

Fair Chance Act Amendments expand protections in quite a few ways:

  • Pending arrests and other criminal accusations
  • Employee criminal history
  • Independent contractors & freelancers
  • Any inquiry at any time about certain criminal history
  • New fair chance factors for application
  • Affirmative requirement to ask applicants to provide fair chance factor information
  • Expansion of period for applicants to respond to written assessment
  • Codification of NYC commission guidance on conditional employment offers
  • Exclusion of misrepresentations from fair chance act coverage
  • Confirmation regarding unpaid employee leave during fair chance process

Click here for the specific ways New York City employers will be impacted.

At Hire Image, we understand ongoing compliance in the face of constantly shifting laws and regulations. Please contact us if you need any assistance in reviewing your policies and procedures. For more information about Ban the Box and other laws that may affect you in your state, please visit our Resource Library.