Comments on the New York City Human Rights Commission’s proposed rules relating to implementation of the Fair Chance Act

SUMMARY

The Civil Rights Committee (Sebastian Riccardi, Chair) issued comments on the New York City Human Rights Commission’s proposed rules relating to implementation of the Fair Chance Act (FCA). The Committee, which supported the passage of the FCA with the Corrections and Community Reentry Committee, urged the Commission to adopt the proposed regulations. The FCA prohibits employers from inquiring into applicants’ criminal histories until later in the hiring process where such information would be less likely to lead to unlawful discrimination. The statute also mandates an enhanced process when an employer acts on the negative results of a criminal background check. The proposed rules will facilitate implementation of the FCA by providing clear definitions and procedures for employers, as well as mechanisms for swiftly resolving violations regarding unlawful discrimination on the basis of criminal history against job applicants and monetary penalties for such violations. The Committee also recommended that the rules be modified so as not to suggest that applicants or employees are solely responsible for demonstrating any errors, discrepancies or misrepresentations on background checks to employers and to clarify that employers must affirmatively ask for any additional information needed to conduct a thorough Article 23-A analysis as the first step in the Fair Chance Process. 

RULE INFORMATION