Update on Employer Obligations Under the NYC Fair Chance Act

29 Oct , 2021

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This presentation will explain the requirements imposed by the New York City Fair Chance Act. That law generally prohibits employers from making inquiries about an applicant’s criminal conviction record until after the employer has extended a conditional offer of employment. But the law was expanded effective July 29, 2021. Among other things, it is now clear that employers cannot discriminate against current employees who are convicted during employment or who have pending arrests. Employers as well as temporary help companies and consumer reporting agencies that conduct background checks now need to comply with a host of specific directives and notice requirements. Since there are very real consequences from non-compliance, as will be explained during this presentation, it is imperative for all covered entities and persons to become familiar with the requirements as a first step in instituting a program to ensure compliance and avoid or minimize legal claims.

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