The U.S. Office of Personnel Management (OPM) recently announced the issuance of final regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). Provisions of the Fair Chance Act were incorporated into the National Defense Authorization Act for Fiscal Year 2020, prohibiting federal agencies and federal contractors from requesting an applicant’s criminal history information prior to the agency making a conditional offer of employment. Exceptions include positions related to law enforcement and national security duties, jobs requiring access to classified information, and roles required by law to reveal criminal history information before the conditional-offer stage.
The regulations, which become effective on October 2, 2023, pertain to when, during the hiring process, a hiring agency can request information typically collected during a background investigation from an applicant for federal employment. They also outline adverse action procedures for when it is alleged that there has been a violation of the requirements, as well as appeal procedures available.
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