NYC's Fair Chance Act Now in Effect

Starting this week, New York City’s Fair Chance Act (FCA) is in effect for employers in the city. The FCA amends the administrative code of the city of New York in relation to prohibiting discrimination based on one’s arrest record or criminal conviction. The amendment, yet another Ban the Box ordinance, dictates a conditional offer of employment is extended before inquiring about the criminal history of any applicant.

The NYC Commission on Human Rights has coordinated the release of an evaluation form, titled Fair Chance Act Notice, in conjunction with the Fair Chance Act. This form can be used by employers as a guideline for compliance with Article 23-A of New York Correction Law.  

The amendment affects New York City companies that employ more than four employees. Contractors are included in the employee count. However, any employers following state, federal, or local laws requiring a background check for employment are exempt. 

Knowing the Difference between Form I-9 and E-Verify

Employers often use E-Verify and Form I-9 interchangeably. But the truth is, while they are related, they are very different processes.

Form I-9, from the U.S. Citizenship and Immigration Service (USCIS), is the core of E-Verify.  It is used by an employer to verify an employee’s identity and eligibility for employment in the United States. E-Verify is not to be mistaken as an electronic version of Form I-9.  E-Verify is an internet-based system that compares information from the Form I-9 to government records to confirm that an employee is authorized to work in the United States.

Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements:

Form I-9	E-Verify
Is mandatory	Is voluntary for most businesses
Does not require a Social Security number	Requires a Social Security number
Does not require a photo on identity documents (List B)	Requires a photo on identity documents (List B)
Must be used to re-verify expired employment authorization	MAY NOT be used to re-verify expired employment authorization

Therefore, E-Verify cannot be used to replace Form I-9. E-Verify is used in conjunction with Form I-9 to help employers confirm that an employee is authorized to work in the U.S.

Why would an employer utilize E-Verify?

1.     It may be a requirement if the employer is a federal contractor or conducts business in a state that requires it.

2.     Participation makes it possible to hire some foreign students doing extended Optional Practical Training in a STEM (Science, Technology, Engineering, or Math) profession.

3.     E-Verify creates a presumption of an employer’s good faith compliance in the event of an I-9 audit.

4.     Many employers, especially those with large payrolls and multiple offices throughout the country, like the ease of using E-Verify and the security it provides in ensuring a legal workforce, especially when used in conjunction with an electronic I-9 system.

 Which states require employers to use E-Verify?

 There are currently 20 states that require the use of E-Verify to some extent. Click here to see which states require E-Verify and in what capacity.