New York City Expands Ban the Box Laws (Fair Chance Act) Protections For Applicants and Current Employees

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New York City Expands Ban the Box Laws (Fair Chance Act) Protections For Applicants and Current Employees

Earlier this year, New York City expanded its already strong New York City Fair Chance Act (FCA), or as it is more commonly known, “Ban-the-Box” law. The amended law now adds protections for both job applicants and current employees as well as Fair Chance Factors that must be considered before rescinding an offer of employment. These factors include in short:

  1. New York City’s desire to prevent stigma toward those involved in the criminal justice system:
  2. The duties and responsibilities of the position.
  3. The relation between the crime alleged or otherwise and the person’s fitness for the position.
  4. Whether the person was 25 years of age or younger when the alleged crime was committed.
  5. The offense’s seriousness.
  6. The employer’s interest in protecting property as well as specific individuals or the public:
  7. Additional evidence of good conduct or rehabilitation on the part of the person:

Formerly the offer of employment could be rescinded if the crime was related to the offered position. The amended act now forbids rescinding the offer of employment or taking adverse action against a current employee until the relevant Fair Chance Factors are considered, and they show either there is a direct relationship between the former wrongdoing and the position, or that allowing the individual to be employed in that position would create an unreasonable risk to property, to specific individuals, or the public.