New York City Amends Ban-the-Box Law

New York City’s council recently amended the city’s Fair Chance Act, or as it is better known, “ban-the-box” law. This amendment makes several small changes, such as adding a definition for conditional offers of employment, but the most significant change is extending protection to current employees as well as applicants.

Further, the amendments add many of the same protections previously provided in the New York State Correction Law, Article 23-A to the FCA. These will now be considered relevant fair chance factors employers must consider before taking adverse action against an applicant or employee. Summarized these include:

• The city wishes to overcome stigma against those who have had involvement with the law.
• The specific duties of the individual’s potential employment must be considered.
• The bearing of the alleged offense on the individual’s ability to perform their duties should be considered.
• Whether the individual was 25 years or older at the time of the alleged offense must be considered.
• The seriousness of any offenses should be considered.
• The employer’s interest in protecting people and property must be considered, as well as any information the employee or applicant provides on their behalf.