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New York City ‘ban the box’ act goes into effect

banning pre-employment credit checks, and it’s continuing to prevent employment discrimination as its citywide ‘ban the box’ law goes into effect. NYC’s Fair Chance Act was passed back in June, amending the city’s Human Rights Law, which previously protected individuals from employment discrimination on a similar basis as the Equal Employment Opportunity Commission, adding that an employer could not discriminate against an employee or applicant due to unemployment status, marital status, or status as a victim of domestic or sexual violence. The addition of the Fair Chance Act to the Human Rights Act prohibits New York City employers from requesting information from job applicants about criminal records or pending convictions until after an employer has made a conditional job offer. If an employer decides at that time to revoke the job offer because of the results of a criminal history check, the employer must tell the applicant why the offer has been rescinded and give the applicant three days to respond after providing a copy of the background check used to make the decision. Employers also cannot publish ads for jobs that state that a criminal history would preclude an applicant from being hired, either explicitly or implicitly. Of course, there are exceptions to New York City’s new law. The law only applies to employers that have at least four employees, and standard exemptions apply for those working with vulnerable populations (children, elderly, etc.), in law enforcement or in other positions in which federal or state law requires a clean background check. The Fair Chance Act went into effect on October 27.]]>

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