In October 2015, the New York City Human Rights Law was amended to incorporate the recent “Fair Chance Act” that regulates criminal background checks in connection with employment. The new law prohibits most New York City employers from inquiring about an individual’s criminal record until after a conditional offer of employment is extended. The law also imposes upon employers the obligation to provide applicants with a copy of the relevant inquiry (e.g. the consumer report) and the company’s analysis under Article 23-A of the New York Corrections Law via a form provided by the New York City Commission on Human Rights.

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Only after a conditional offer of employment has been made to an applicant, if the employer decides to inquire about an applicant’s criminal history (a pre-existing New York State law regulates just when an applicant's criminal history may factor into an employment decision), it must follow a three-step procedure:

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• The employer must issue a written copy of the inquiry in a manner specified by the New York City Commission on Human Rights.

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• Before a conditional offer of employment is revoked, the employer must provide the applicant a written copy of its analysis of the criminal history, including the reasons it revoked the conditional job offer and the supporting documents that formed the basis of the employer’s decision.

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• Finally, the employer must allow the applicant a reasonable amount of time, of at least three business days, to respond to the revocation of the job offer, during which time the employer must hold the position open for the applicant.

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It is important to note that the Act now bans employers from asking applicants to check a box or otherwise respond to questions on an employment application regarding past criminal convictions or arrests, and bars any questioning of a job applicant on these issues unless and until a conditional offer of employment has been made. Covered employers also are prohibited from including in job advertisements or postings that an applicant’s criminal conviction could have an impact on their chance of employment.