September 12, 2024
The New York City Commission on Human Rights has proposed amendments to the New York City Fair Chance Act. According to the proposal, the amendments would clarify several key points with the Fair Chance Act. Clarifying the Act would expand employment protections for current employees and ensure employers understand their responsibilities under the Act.
The New York City Human Rights Law (NYCHRL) added the Fair Chance Act in 2015. This Act governs employers’ ability to inquire into an applicant’s criminal history before making a conditional offer of employment. In addition, it prohibits employers from taking adverse employment-related actions against applicants and employees based on covered records. Examples include sealed or expunged records, juvenile delinquency findings, or arrests that did not result in a conviction.
In December 2020, the New York City Council passed amendments to the city’s Fair Chance Act. These amendments, also known as “The Amendments,” included Prohibiting Discrimination Based on One’s Arrest Record and the Pending Criminal Accusations or Criminal Convictions. Despite the new guidance that followed its release, the city realized further clarification has become necessary to ensure the law’s effects assist those with criminal records.
New York established a Commission on Human Rights to enforce the NYCHRL. This Commission previously provided enforcement guidance on how employers can comply with the Law. Recently, the Commission proposed amendments to the Fair Chance Act concerning protections for applicants and employees against discrimination based on criminal history.
The proposed changes include:
- The time that employers, employment agencies, and related agents must allow applicants to respond to the analysis of their criminal history has extended from three to five days;
- New protections for covered cases, such as pending criminal cases, unsealed violations and non-criminal offenses, and adjournments considering dismissal;
- New protections for current employees under the Fair Chance Employment;
- The removal of the early resolution process for Commission-initiated Fair Chance Employment complaints to make the enforcement of its protections more consistent with others under the Human Rights Law and
- Reflect the significant time that the law has remained in effect.
Before making these amendments, the Commission will hold a virtual hearing on the proposed changes. The public may sign up to comment at the hearing or submit comments through the city’s rules website. New York City emphasized that the changes are still early in the amendment process. As such, the city encourages employers and other interested parties to submit comments and concerns.