The Independent View: NYC Fair Chance Act

This act is going through the city council process.

This bill makes sure that all New Yorkers have a fair chance to compete for a job. New York City already prohibits its agencies and human services contractors from asking whether a job applicant has been convicted of a crime. This bill extends that policy to all employers, public and private. Under this bill, employers must make a conditional job offer before inquiring into the criminal history of an applicant or conducting any criminal history search. If, after receiving information regarding the applicant’s record, the employer no longer wants to employ the applicant, the employer must explain why and provide a copy of the record. This explanation must take into account existing New York law that prohibits discrimination based upon criminal record. The position is then held open for seven days so the employer and applicant can engage in an interactive discussion, considering the employer’s requirements and the applicant’s evidence of good conduct. This time also allows the applicant to question any inaccuracies on the record.

The Fair Chance Act does not require that employers hire people with criminal records, nor does it prevent employers from running background checks. It just delays the background check until an applicant can demonstrate their qualifications. Finally, employers who are legally prohibited from hiring people with certain convictions must still do so.

Employers in New York already cannot use unrelated convictions when making employment decisions, yet many will not even consider applicants who indicate that they have a record, without evening knowing what the conviction was for. As a result, more than five million New Yorkers who have a record lose the chance to demonstrate their qualifications. The City should remove barriers to success for people who are qualified to work: not only does employment lower recidivism, but “banning the box” means employers get a broader range of candidates to consider. This bill will ensure that all public and private employers are considering applicants based on their skills, experience, and qualifications before weighing whether their conviction history is relevant.

More than ten states and over sixty cities and counties in the U.S. have enacted fair chance policies. Four states: Hawaii, Massachusetts, Minnesota, and Rhode Island, extend the policy to all public and private employers, and an increasing number of cities are doing the same, including Buffalo, San Francisco, and Seattle. Additionally, application forms from major employers like Target and Walmart do not ask job applicants about criminal convictions.

The NYC Fair Chance Act allows people with a conviction history be evaluated on their merits without compromising safety and security on the job.

Key facts about the bill:

- The U.S. Equal Employment Opportunity Commission and Department of Labor’s Office of Federal Contract Compliance Programs endorse the policy as a best practice.

- Employers may still conduct criminal background checks and deny employment to workers with conviction histories that are directly related to the job or pose an unreasonable risk.

- The Act will assist employers in complying with existing law, reducing negligence liability.

- Employers that are required by law to conduct background checks and exclude people with specific convictions may still do so.

CLICK HERE to sign-on as a supporter of the Fair Chance Act.