Yesterday, October 27, 2015, the Fair Chance Act went into effect in New York City. Under the new law, employers cannot ask a job applicant about his or her criminal history or request to authorize a background check, until after the job position is offered. Employers cannot express any employment limitation based on an individual’s arrest or criminal conviction in a job advertisement, application, and interview questions. The goal is to give individuals a fair chance to be judged by his or her qualifications during the hiring process.
Once the job position is offered, an employer is allowed to ask about and consider a job applicant’s criminal history. If the employer decides to take an adverse action after extending the offer of employment, the employer must follow three steps. The employer must provide the applicant with:
- A written copy of Form 23-A Evaluation (Fair Chance Act Notice)
- A copy of the consumer report obtained
- Three business days to respond to the employer’s concerns or decision
The law does not apply to police or peace officers, and city administrative services applicants. For more information, make sure to visit New York City’s Commission on Human Rights website.