New York City’s Fair Chance Act Offers Hope
for Individuals with Criminal Record
New legislation limits an employer’s ability
to conduct background checks during the
hiring process
In 2015, more than 531,000 individuals were
arrested and charged with crimes ranging
from minor misdemeanor infractions to more
serious felony offenses. While some may
avoid a lasting record, others are likely to
face an uphill battle to move forward, even
after their court cases are resolved. Many
of these individuals will be left with a
criminal history that impacts their ability
to obtain gainful employment.
A recently signed piece of legislation
provides some hope for these individuals,
however. New York City’s Fair Chance Act
limits an employer’s ability to conduct
criminal background checks during the hiring
process. In the past, an employer had the
option to conduct criminal checks at any
point in the application process. Under the
Fair Chance Act, employers may only conduct
a background examination after the company
is ready to make an offer of employment to
an applicant.
Why is the Fair Chance Act so important?
The Fair Chance Act has the potential to
impact thousands of New Yorkers during their
search for employment. Individuals who once
encountered issues obtaining employment due
to their criminal record now have the
opportunity to prove their character and
qualifications before being removed from the
pool of applicants.
What does the Fair Chance Act do?
The Fair Chance Act imposes restrictions
upon employers during and after the hiring
process. The act prohibits employer from:
-
Conducting preemptive background
checks: The Fair Chance Act
prohibits employers from conducting
criminal record checks prior to
extending a conditional offer of
employment to the applicant in question.
Conducting a check prior to an offer
violates the term of the act and may
result in adverse action against the
employer.
-
Referencing criminal history
requirements: Job postings and
employment-related materials cannot make
mention of criminal history
requirements. For example, a job posting
cannot include language such as
“criminal record check required” or
“applicants must pass a criminal
background check” are not allowed under
the Fair Chance Act.
-
Withdrawing an offer without notice:
While an employer may withdraw a
conditional offer of employment after
viewing the results of a background
check, the employer must follow specific
steps before doing so. First, the
employer must offer the applicant a copy
of the criminal report. Second, the
employer must offer its thoughts on the
result of the investigation with the
applicant. Finally, the employer must
give the applicant three business days
to respond to the results before
offering the position to another
applicant.
-
Punishing individuals for a
non-conviction: The Fair Chance Act
prevents employers from terminating or
refusing employment to individuals who
have been charged with, but not
convicted of a crime. This means that
only convictions may be considered
during the application or termination
process.
Failure to adhere to these guidelines may
result in adverse action against the
offending employer, including financial
sanctions for any and all violations.
Let our New York employment lawyers help you
put the Fair Chance Act to work for you
At Hepworth, Gershbaum & Roth, PLLC, our
New York employment law attorneys firmly
believe in second chances and fully support
the Fair Chance Act. If you feel that an
employer has violated the terms of the Fair
Chance Act in any way, it is important to
discuss your concerns with one of our
experienced lawyers. To schedule a free
consultation with one of our New York
employment lawyers,
contact us online or call
212-545-1199.
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