NYC Fair Chance Act Update

October 23, 2017 | posted in: Uncategorized | by

Confirm Choice has learned of recent efforts by the New York City Commission on Human Rights to modify employers’ screening processes in connection with the NYC Fair Chance Act. In particular, the Commission has suggested that employers implement a two-step screening process that separates the criminal portion of the background check from any other portion and reserves all criminal inquiries until the final stage of the hiring process.

The Commission reads the statute to require a two-step background check process based on the law’s requirement that criminal inquiries cannot be made until after a conditional offer (conditioned solely on criminal history) of employment is extended.

Please be aware that there is no indication the Commission is looking to penalize employers at this time.

We are working with the Commission (through NAPBS) to share our significant concerns for employers, applicants and consumer reporting agencies with their suggested two-step approach. We will continue to engage with the Commission and post updates as information becomes available.