New York City Passes Fair Chance Act

New York City Passes Fair Chance Act

The FAIR CHANCE ACT makes it illegal for most employers in New York City to ask about the criminal record of job applicants before making a job offer.  This means ads, applications, and interview questions cannot include inquiries into an applicant’s criminal record.  This allows the applicant to be judged on his or her qualifications.

If, after a job offer, an employer wants to revoke the offer based on the existence of criminal record, the employer must explain why using the Fair Chance Notice below, provide a copy of any background check conducted by the employer or third-party vendor, and give the applicant three business days to respond.

Employers must also provide the applicant with a copy of the criminal record information that the employer relied on.  An employer that used a consumer reporting agency to conduct the background check must provide a copy of the report; an employer that relied on public records or an Internet search must provide a copy of those documents.

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