June 12, 2020
In case you forgot – on December 17, 2019, the Senate passed, and the President signed the National Defense Authorization Act (“NDAA”) for Fiscal Year 2020. Within the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) prohibiting federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions.
The Fair Chance Act goes into effect on December 20, 2021.
Some items to note from the Fair Chance Act:
The three exceptions:
Possible compliance violations:
Contractors should follow best practices to ensure they are compliant with current laws and proactively prepare for the Fair Chance Act. The current best practice is to refrain from asking about criminal convictions until a conditional offer has been made, given state law requirements and the Equal Employment Opportunity Commission’s focus on employment actions that result in a disparate impact to minority applicants.
This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.