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Author: Scarinci Hollenbeck, LLC
Date: April 11, 2016
The Firm
201-896-4100 info@sh-law.comThe New York City Human Rights Commission recently proposed rules to implement the Fair Chance Act (FCA), which took effect last fall. As New York City employers should be aware, the law amends the New York City Human Rights Law by prohibiting covered employers from inquiring about an applicant’s criminal history on an initial employment application and at any time prior to extending a conditional offer of employment.
As described by the NYC Commission on Human Rights, the proposed rules are intended to “establish certain definitions and criteria around procedure and application of the Human Rights Law provisions regarding unlawful discrimination on the basis of criminal history against job applicants and employees.” More specifically, the Commission’s proposed rules:
Our New York employment lawyers will be closely tracking the status of the proposed rules and provide updates as they become available. In the meantime, NYC employers are advised to thoroughly review their employment applications and job listings to ensure compliance with the Fair Chance Act. As the intricacy of the proposed rules suggest, the new obligations have the potential to cause unintended liability for those businesses that are unprepared.
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