The New York City Commission on Human Rights has issued proposed amendments to its rules governing employment discrimination based on criminal history.  Specifically, the proposed rules amend portions of the New York City Fair Chance Act which prohibits employers from inquiring into an applicant’s criminal background before a conditional offer of employment is made or from inquiring into or taking adverse action against an applicant or employee for certain types of criminal history.

The proposed rules (i) clarify when party signatures are required and (ii) streamline the complaint filing process and clarify when service may be made by email.  Among other changes, the rules also address key changes to the law, including but not limited to:

(i) extending from 3 to 5 business days the time that employers, employment agencies, and their agents must allow job applicants to respond to a Fair Chance Employment Analysis of their criminal history;

(ii) adding new protections for people with certain types of cases, including pending criminal cases, unsealed violations, unsealed non-criminal offenses, and adjournments in contemplation of dismissal;

            (iii) adding new Fair Chance Employment protections for current employees; and

(iv) removing the early resolution process for Commission-initiated Fair Chance Employment complaints to make the enforcement of Fair Chance Employment protections consistent with that of other protections under the Human Rights Law and reflect that the Law has been in effect for a significant amount of time.

The amendments also define the “Fair Chance Employment Analysis” and the “Fair Chance Employment Process” that must include the Article 23-A factors analysis with respect to pre-employment convictions and incorporate the “New York City Fair Chance Employment Factors” that employers must consider before making an employment decision based on an applicant’s pending cases or a current employee’s pending cases or post-employment convictions.

The Commission will hold a virtual public hearing on the proposed rule. The public hearing will take place at 11:00am on Thursday, September 5, 2024, and will be accessible by phone and videoconference.

New York City employers covered by the New York City Fair Chance Act  should review the proposed rules in their entirety which can be found here: https://rules.cityofnewyork.us/wp-content/uploads/2024/07/Final-Proposed-Amendment-to-Rules-Governing-Employment-Discrimination-Based-on-Criminal-History.pdf and, if necessary, update their policies and procedures to ensure compliance.  Should you have any questions, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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