Criminal history can be an enormous impediment to obtaining employment. People often find themselves shut out from many opportunities, even when their particular history of arrest or conviction has no bearing at all on the job they are seeking. New York City employment discrimination attorneys can look to the Fair Chance Act (FCA) in claims for discrimination on the basis of criminal history. A related issue involves drug testing during hiring. Marijuana is legal for, at a minimum, medical use in more than half of the states in the country, including New York. Many employers, however, continue to use marijuana testing to eliminate job candidates. Local Law 2019-091, which will go into effect in New York City in May 2020, will prohibit pre-employment testing for marijuana in many situations.
The FCA bars employers from inquiring about criminal history until the final stages of the hiring process. N.Y.C. Admin. Code § 8-107(11-a)(a)(3). Employers may not discriminate against job applicants solely on the basis of criminal history, unless they follow procedures set forth by state law. Id. at §§ 8-107(10)(a), (11-a)(b); N.Y. Corr. L. § 750 et seq. Exceptions include jobs that require specific security clearances, and situations where an individual’s specific history would directly affect the job in question.
While marijuana remains highly controlled under federal law, most states have eased restrictions to various extents. California was the first state to allow medical marijuana use, and Colorado was the first to allow recreational use. New York enacted medical marijuana legislation in 2014. While the state has not decriminalized it to the extent of states like Colorado, it recently downgraded possession of small amounts from a criminal offense to a civil violation.