In the past, the Fair Chance Act (FCA) primarily affected job applicants and current employees. However, the definition of “applicant” has been expanded to include employees undergoing background checks due to changed in ownership, management, or policies.
The term “employer” now covers not only direct employers but also entities such a staffing agencies and organizations that source workers from lists.
Employers are no longer allowed to include statements in job materials indicating that individuals with criminal histories won’t be considered. Even if an applicant voluntarily reveals their criminal history, the FCA still prohibits employers from taking it into account.
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