New York City's Revised Fair Chance Act Rules Take Effect Oct. 30 in New York County, New York: Employers Must Make a Conditional Offer Before Asking About Criminal History
On October 29, 2026, according to a legal advisory, the New York City Commission on Human Rights has adopted revised Fair Chance Act rules taking effect October 30, and New York City employers should review their hiring and criminal background screening procedures ahead of the effective date. The revised rules largely incorporate statutory amendments effective in 2021 and clarify existing requirements for considering criminal history in employment decisions. In general, the Fair Chance Act prohibits covered employers from inquiring about an applicant's criminal history before making a conditional offer of employment; if an employer is considering withdrawing an offer or taking other adverse action based on criminal history, it generally must first conduct an individualized assessment and follow specific notice and response procedures before making a final decision. The rules also incorporate protections for current employees, including how to evaluate pending criminal cases or convictions arising during employment: convictions predating employment are generally evaluated under Article 23-A of the New York Correction Law, while pending cases and convictions during employment are evaluated under the New York City Fair Chance Employment Factors. Subject to limited exceptions, employers may not inquire about or take adverse action based on protected non-conviction information, including certain sealed convictions, youthful offender adjudications, violations, and qualifying adjournments in contemplation of dismissal. The rules apply to the hiring processes of most New York City employers, who should update their applications, interview procedures and background-check timing accordingly.
Source: GSM · USA (original Chinese edition)
Photo: 固定图库 cities 包：纽约市政厅（资料图）
