IntelliCorp would like to remind our readers, and especially employers in New York City, that the “Fair Chance Act” will go into effect on October 27, 2015. This ‘ban the box’ legislation was passed by the New York City Council a few months ago, and is meant to restrict how employers in the city use background checks.
To review, below are the new rules that employers must follow:
• Only after a conditional job offer has been made can a criminal background check be done.
• Employers may not ask any criminal history questions to applicants on an employment application, during an interview, or utilizing any databases searches prior to conditional offer of employment.
• Promote job opportunities that include requirements concerning arrest or conviction history.
After a conditional offer has been made and the employer conducts a background check, there are rules they must follow:
• Employer must provide a written copy of the background check to the applicant.
• Employer must provide an adverse action report to the applicant and provide an opportunity for the applicant to respond.
This new law is part of the continuing trend of ‘ban the box’ legislation across the country that place stricter rules on how employers utilize pre-employment background screening during the hiring process. All employers, even if there is no ‘ban the box’ law in your area, should begin to account for this type of legislation in your hiring procedures.