On August 5, 2017, the New York City Commission on Human Rights published final regulations which expand on and clarify the already burdensome requirements of the Fair Chance Act (“FCA”). These newly released regulations will make background checks particularly difficult for national employers and/or employers with a consolidated hiring process in multiple states.

Through these final rules, the Commission (1) significantly expands on per se violations, clarifying what conduct will subject an employer to liability and/or fines regardless of whether an adverse action is taken; (2) creates a discretionary mechanism to resolve per se violations by sending employers an Early Resolution Notice; (3) confirms that non-convictions may not be considered in the hiring process; (4) provides guidance to employers who inadvertently discover information relating to an applicant’s criminal history; (5) adds steps to the post-conditional offer phase before an employer may complete the FCA review process and rescind a conditional offer of employment; and (6) imposes a rebuttable presumption that a rescinded conditional offer of employment is based on the applicant’s criminal history.

The above list is not intended to be exhaustive. Employers should contact Stokes Wagner regarding their current hiring practices to ensure compliance with these new regulations.

Visit the NYC Rules website for more information.

For more legal updates, check out our update for September 2017!

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