Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks in employment decisions: the Fair Chance Act (FCA) and the Stop Credit Discrimination in Employment Act (SCDEA). On September 28, 2015, the New York City Commission on Human Rights’ (NYCCHR) staff attorney, Paul Keefe, held a question and answer forum for management counsel and employers to inquire about how the NYCCHR will interpret and apply these laws. Employers are encouraged to monitor for upcoming proposed rules, additional guidance on the FCA (including the sample individualized assessment form to be issued), and keep an eye out for updates on the Frequently Asked Questions section of the NYCCHR’s website. These new interpretations likely will require employers to consider revising their processes and forms to comply.

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