State Background Checks

New York City Fair Chance Act Buries Employers with More Paperwork


You know that feeling when you get to deliver what you know is going to be very unpopular news to a group of people and you have to present it as a positive? Well, get ready those of you conducting employment background checks in New York City, because I’m about to blow your mind with . . .  wait for it. MORE PAPERWORK!!!!!!

As you all know by now, New York City passed the Fair Chance Act on September 3, 2015 which addresses employers’ responsibilities as they relate to criminal background checks. The law, set to take effect on Tuesday, October 27, 2015, is designed to delay criminal background screening to allow candidates an opportunity to interview and be considered for jobs before potential elimination by a background check. Under the Fair Chance Act, New York City employers are prohibited from inquiring or obtaining any statement about an applicant’s criminal background until after a conditional offer of employment has been made.  For purposes of the Act, “any statement” means a statement communicated in writing or otherwise to the applicant for purposes of obtaining criminal background information regarding: (i) an arrest record; (ii) a conviction record; or (iii) a criminal background check.

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California Criminal Background Check Law


California Background Check Laws – Summary

There is some important information that employers need to know about performing employment background checks in California. It’s important to understand that comparatively speaking, relevant screening laws tend to favor job seekers over employers. This is because California employers are limited in what information they can use and how they use it in their hiring decisions.

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