The Fair Chance Act – Local Law 63 of 2015 - Department of Citywide Administrative Services

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The Fair Chance Act – Local Law 63 of 2015

New Subdivision 11-a(a) of Section 8-107 of the Administrative Code of the City of New York (the New York City Human Rights Law), added by Local Law 63 of 2015 (the Fair Chance Act), prohibits employers, including City agencies, from inquiring or making a statement about an employment applicant's record of arrests and criminal convictions until after the employer has extended a conditional offer of employment to the applicant.

Pursuant to Section 8-107(11-a)(f)(2), the prohibition does not apply to an application for a position with the City of New York that the Commissioner of Citywide Administrative Services has determined involves law enforcement, is susceptible to bribery or other corruption, or entails the provision of services to or safeguarding of persons who, because of age, disability, infirmity or other condition, are vulnerable to abuse. The Commissioner has determined that these titles, also known as "Investigation before Appointment" (IBA) titles, meet those conditions and are exempt from the prohibition pursuant to the section 8-107(11-a)(f)(2). DCAS, or an agency to which it has delegated authority, conducts the investigations of Investigation before Appointment titles.

Investigation before Appointment (IBA) titles