Here in New York State and New York City, the governments have a clear public policy that powerfully opposes discrimination in employment on a number of bases. These bases include, among other things, race, national origin, gender, religion, disability, age, sexual orientation, and gender identity. As of 2015, with the passage of the Fair Chance Act (FCA), another area of potential illegal discrimination is criminal history. Specifically, the act forbids many employers from inquiring about an applicant’s criminal background prior to making an offer of employment. If you think you’ve suffered from illegal discrimination based upon your criminal history, it is important that you act quickly and decisively, including retaining skilled New York criminal conviction discrimination counsel, since you may be entitled to payment as a result of your potential employer’s misconduct.
Displaying the city’s commitment to enforcing this new area of anti-discrimination protection, the city’s Human Rights Commission recently announced charges against roughly a dozen businesses that allegedly engaged in hiring practices that violated the FCA, according to a New York Daily News report. Under the rules established by the FCA, employers are not forbidden to make inquiries into the criminal backgrounds of job applicants. The act simply bars employers from engaging in such background checks unless the applicant is someone to whom the employer has made an offer of employment. This is designed to give all applicants an enhanced opportunity to compete on an equal footing. The act, then, banned the practice of asking about criminal history on an initial employment application, also known as “banning the box.” The FCA also bans employers from asking about criminal history in the course of a job interview.
Once the employer has made an offer of employment, the employer is legally permitted to investigate an applicant’s criminal past. Even then, the FCA imposes rules regarding the process of making an inquiry. The act says that, if the employer discovers criminal charges in an applicant’s history and decides to withdraw the job offer based upon that record, the employer must communicate this in writing to the applicant and give the applicant three days to respond.