by Mark E. Brossman, Ronald E. Richman, Scott A. Gold - Schulte Roth & Zabel LLP

The New York City Commission on Human Rights (“Commission”) released its updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History, which interprets the amendments to the New York City Fair Chance Act (“FCA”) that went into effect on July 29, 2021. We have previously written on the FCA’s ban on performing criminal background checks on applicants prior to a conditional offer of employment. The amendments provide additional employment protections to applicants and employees with a criminal history, pending criminal arrest or charges, or certain “non-convictions.”