09/01/18
As a reminder, the New York City Fair Chance Act (“FCA”) specifically prohibits solicitation, advertisement or publication for employment that states any limitation or specification regarding criminal history, even if no adverse action follows. The FCA makes it an unlawful discriminatory practice for most employers, labor organizations and employment agencies to inquire about or consider the criminal history of job applicants until after extending conditional offers of employment. If an employer wishes to withdraw its offer, it must give the applicant a copy of its inquiry into and analysis of the applicant’s conviction history, along with at least three business days to respond.