NYC Fair Chance Act Final Regulations
Effective October 27, 2015, the New York City’s Fair Chance Act (FCA) made it illegal for most New York City employers to ask about the criminal record of job applicants before making a job offer. In July 2017, the New York City Commission on Human Rights published final regulations to clarify the FCA requirements. Some of the key provisions of the final regulations are as follows:
- Additional steps required before an employer may withdraw a conditional job offer.
- Clarification of per se violations.
- Definition of non-conviction and emphasis that employers are prohibited from considering non-convictions in the hiring process.
- Details describing the duties and responsibilities of temporary help firms under the FCA.
- Direction regarding inadvertent or unsolicited disclosure of criminal history prior to a conditional job offer.
- Early resolution program allowing employers charged with per se violations to admit liability, accept a penalty, and agree to comply with the FCA rather than face litigation.
- Imposition of a rebuttal presumption that a conditional job offer was withdrawn because of criminal history.
- Pending criminal charges may not be considered prior to a conditional job offer.
The final regulations became effective August 5, 2017.