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Fair Chance Act: Restricting Timing of Criminal History Inquiries Begins to Take Effect

By Michael Schrier, Sonni Fort Nolan & Tracey O'Brien on January 26, 2022
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When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal contractors from requesting criminal history information from certain job applicants until after the applicant has received a conditional offer of employment. While the Act was enacted back in 2019, it applies only “to contracts awarded pursuant to solicitations issued after” December 20, 2021.

As contractors are now starting to be awarded contracts subject to the Act, Husch Blackwell attorneys Sonni Nolan, Michael Schrier and Tracey O’Brien provide a reminder of the Act’s requirements.

Photo of Michael Schrier Michael Schrier

In a diverse array of matters including Construction Litigation and Labor & Employment, Michael is a tenacious advocate for government contractors. He has extensive experience advising and litigating employment-related matters for federal contractors including Davis-Bacon Act, Service Contract Act, federal contractor Paid…

In a diverse array of matters including Construction Litigation and Labor & Employment, Michael is a tenacious advocate for government contractors. He has extensive experience advising and litigating employment-related matters for federal contractors including Davis-Bacon Act, Service Contract Act, federal contractor Paid Sick Leave, federal contractor minimum wage, and OFCCP matters.

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Photo of Sonni Fort Nolan Sonni Fort Nolan

Sonni advises companies on general business strategy and commercial litigation, as well as employment discrimination matters before the Equal Employment Opportunity Commission (EEOC), related state agencies and before state and federal courts. In addition, she represents employers regarding numerous regulatory issues, wage and…

Sonni advises companies on general business strategy and commercial litigation, as well as employment discrimination matters before the Equal Employment Opportunity Commission (EEOC), related state agencies and before state and federal courts. In addition, she represents employers regarding numerous regulatory issues, wage and hour laws, restrictive covenant agreements, reductions in force, and public policy discharge matters.

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Photo of Tracey O'Brien Tracey O'Brien

Tracey focuses on assisting federal contractors, including healthcare, life sciences and education clients, in compliance with employment laws and regulations. She is the co-lead of the firm’s OFCCP Compliance team and a member of the firm’s Labor & Employment practice group. Tracey is

…

Tracey focuses on assisting federal contractors, including healthcare, life sciences and education clients, in compliance with employment laws and regulations. She is the co-lead of the firm’s OFCCP Compliance team and a member of the firm’s Labor & Employment practice group. Tracey is an experienced trial lawyer, defending clients against claims of discrimination, harassment, and retaliation and other related claims before administrative agencies and state and federal courts.

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  • Posted in:
    Government and Public Policy
  • Blog:
    The Contractor's Perspective
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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