As part of the National Defense Authorization Act, the Fair Chance to Compete for Jobs Act of 2019 (FCA) passed congress, “banning the box” and its impact on the employment opportunities for people with records. Federal agencies and federal civilian and defense contractors may not request information on arrest and conviction history until a conditional job offer has been extended to the applicant; law enforcement positions involving access to classified or national security information and other specific positions are exempted from the law; and the U.S. Office of Personnel Management (OPM) will issue regulations implementing key features of the FCA, which will be adopted by the General Services Administration and other oversight entities enforcing the law. Those entities will adopt procedures for job applicants and private contractors to file complaints alleging violations of the law. Escalating penalties can be imposed after an initial written warning is issued to a federal agency representative or private contractor that violates the law.
