Effective December 20, 2021, the Fair Chance Act will prohibit contractors from inquiring about a job applicant’s criminal background in certain cases in the initial stages of the application process. The Act, which was enacted as part of the annual National Defense Authorization Act, also prohibits contractors from seeking such information from other sources. The Act, however, does not apply to job openings unrelated to federal contract work and only applies to job openings “related to work under” a federal contract. Additionally, employers should keep Fair Credit Reporting Act (FCRA) regulations in mind when planning to obtain criminal history information from third-party vendors.
