Publications

"The Fair Chance Act: Understanding Key Provisions and Impact on Employers," New York Law Journal February 29, 2016

“Following the [New York City Fair Chance Act’s] effective date, the NYC Commission on Human Rights issued Interpretative Enforcement Guidance … expanding upon the FCA's requirements,” writes Michael S. Katzen, a partner in Goldberg Segalla’s Employment and Labor Practice Group.

“The Commission's 13-page document confirms that the FCA goes considerably further than other state and local ban-the-box laws by not only imposing restrictions on when an employer can ask an applicant about criminal history, but also by creating new procedural hurdles for employers that wish to use criminal history information once it is properly obtained.”

In this article, Mike summarizes the FCA's key procedural requirements, changes to long-standing human resources practices that will need to be made in order to comply with the FCA, additional recordkeeping requirements imposed on New York City employers, and the potential for FCA compliance to implicate employer liability under other laws.

Read the article here: