New York City Bans the Box

NYC Updates “Ban the Box” Law

NYC Updates “Ban the Box” Law to Detail Per Se Violations and Procedures Employers Must Follow to Conduct Employment-Related Criminal Background Checks

By Greg Hessinger and Melvin Felton II

On August 5, 2017, important updates to New York City’s Fair Chance Act went into effect.  The Fair Chance Act (FCA), which regulates criminal background checks on employees and license holders, is the City’s version of a growing trend of so-called municipal “Ban the Box” laws designed to prohibit employers and agencies from denying jobs and licenses to would-be employees because of a criminal conviction(s), especially when the conviction is not directly related to the persons’ ability to perform the job.

The Fair Chance Act itself took effect on October 27, 2015 (see MSK’s prior alert here).  Since then, the New York Commission on Human Rights (Commission), the agency charged with enforcing the FCA, has published revisions that further clarify the law, provide guidelines for per se violations, and detail the analysis and process for legally withdrawing conditional offers of employment based on the results of a criminal background check.  It is those revisions that took effect on August 5, 2017.  (Click here for a copy of the rule).  (more…)