New York City Fair Chance Act: 2021 Amendments
July 8th 2021 by Pamela Devata, Robert Szyba and Courtney Stieber @ www.seyfarth.com
Seyfarth Synopsis: The New York City’s Fair Chance Act amendments are scheduled to go into effect on July 29, 2021, after bill Introduction No. 1314-A became law on January 10, 2021. Among other things, the amendments expand employment protections for individuals with certain criminal histories by adding to the list of information that employers are prohibited from considering, adding additional steps and procedures that employers must take when presented with certain criminal information, and clarifying certain timing, as well as other obligations and requirements, that are part of the Fair Chance Process.
As background, the Fair Chance Act (FCA) went into effect in 2015 as part of a wave of “Ban the Box” laws that have been passed across the country. Generally, the FCA prohibits New York City employers with four or more employees from inquiring about a job applicant’s criminal history before making a conditional job offer, and prior to revoking that conditional job offer, the FCA requires that the employer engage in a detailed Fair Chance Process. The 2021 amendments make certain clarifications, expand certain requirements on timing and analysis, and create new protections under the FCA.