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NYC Adds Protections for Employees with Criminal Arrests or Convictions During Employment

The New York City Council has passed amendments to the city’s Fair Chance Act, adding new protections for employees with arrests or convictions during employment. The Fair Chance Act not only affects hiring decisions but also protects employees convicted during employment. The amendments, effective July 28, 2021, also add new protections for employees with pending arrests or accusations of criminal wrongdoing. Employers must consider the “fair chance factors” to decide whether adverse action may be taken either because there was a direct relationship between the alleged wrongdoing and the job or employment would involve an unreasonable risk to property or people’s safety. Before an employer can take any adverse employment action against a current employee based on a criminal conviction or pending arrest, several factors must be considered.

 

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Post By Ken Shafton (887 Posts)