NYC Jewelers Given Chance to Comment on ‘Fair Chance’

New York--The New York City Commission on Human Rights has proposed rules to help employers comply with the recently enacted Fair Chance Act and is inviting the public to comment on them.

New York City’s Fair Chance Act has been in effect since October.

Under the act, the city’s employers are prohibited from asking questions about an applicant’s criminal background until an offer of employment has been made. There are a few exceptions to the law, such as an exemption for positions where criminal background checks are required.

Now, the New York City Commission on Human Rights has proposed rules to help employers understand how to comply with the act. According to the Jewelers Vigilance Committee, the commission’s proposed rules don’t change anything in the law, but rather help clarify a number of provisions.

The commission’s notice about the proposed changes and what they are can be found on the City of New York’s website.

The rules are open for comment until March 21. Comments can be entered online or emailed to policy@cchr.nyc.gov.

They also can be mailed to Dana Sussman, Special Counsel to the Office of the Chairperson, New York City Commission of Human Rights, P.O. Box 2023, New York, N.Y. 10272 or faxed to Sussman at 646-500-6734.

Additionally, comments can be made in person at the public hearing scheduled for March 21. Anyone who wants to comment at the hearing must sign up in advance by emailing policy@cchr.nyc.gov.

According to the JVC, cities and states across the country are enacting so-called ban-the-box laws so that applicants will be considered for jobs based on their skills and experience before having to reveal a criminal history.

Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island and Washington, D.C. are among the places that already have them.

In 2012, the U.S. Equal Employment Opportunity Commission also advised employers to remove any conviction questions from their job applications, issuing a set of guidelines that should be followed.

The JVC said that employers should review their application and screening process to make sure that they are in compliance and to avoid a violation of Title VII of the Civil Rights Act. They also should use available screening tools, such as reviewing resumes, using references and performing online searches.