Protections for Job Applicants with a Criminal History
The Fair Chance Act is a New York City law that prohibits employers from discriminating against job applicants with criminal histories. This law is designed to provide a second chance for individuals who have been previously convicted of a crime but have served their time and are looking for employment.
Under the Fair Chance Act, employers cannot ask about an applicant's criminal history until AFTER a conditional job offer has been made. This means that employers must evaluate an applicant's qualifications before considering their criminal history. If an employer decides not to hire an applicant because of their criminal history, they must provide a written explanation to the applicant, outlining their reasons for the decision.
The Fair Chance Act applies to all employers in New York City, regardless of their size or industry. This law also applies to job postings, job applications, and interviews, as well as to current employees seeking promotions or transfers.
Employers who violate the Fair Chance Act can face penalties and fines. They may also be required to pay damages to the affected job applicants. The law also provides a private right of action, which means that individuals who have been discriminated against can file a lawsuit against the employer.
The Fair Chance Act is a step forward in providing equal employment opportunities to individuals with criminal histories. This law recognizes that people who have been convicted of a crime and have served their time deserve a second chance to turn their lives around and become productive members of society.
At Gen Esq Law, we understand that the Fair Chance Act can be complex and confusing. If you have any questions about this law or how it may affect you, please do not hesitate to contact us!
The Fair Chance Act is codified in the New York City Human Rights Law (NYCHRL), which can be found in Title 8 of the Administrative Code of the City of New York. Specifically, the Fair Chance Act can be found in Section 8-107(11-a) of the NYCHRL. You can access the full text of the NYCHRL, including the Fair Chance Act, on the New York City government website: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-29301. Additionally, the New York City Commission on Human Rights has issued guidance on the Fair Chance Act, which can be found on their website:https://www1.nyc.gov/site/cchr/law/fair-chance-act.page.
