A bill was passed by the New York City Council that significantly expands the scope of the New York City Fair Chance Act (FCA), including strict restrictions on an employer’s ability to take adverse action against a job applicant or current employee based on pending criminal charges or arrests, or convictions arising during employment. In addition, asking for or considering adjournments in contemplation of dismissal or non-criminal violations in employment decisions would be prohibited. If no action is taken by Mayor Bill DeBlasio by January 9, 2020, the amendments become law. Amendments involve: restrictions on consideration of criminal accusations and arrests pending at the time of application, consideration of convictions occurring during employment, non-pending arrests and criminal accusations and adjournments in contemplation of dismissal, violations, and non-criminal offenses, restrictions on the revocation of a conditional offer of employment, an affirmative requirement to solicit information for the Fair Chance Act factors and implications for employers.
