FAIR CHANCE ACT
On October 2, 2023, the Office of Personnel Management’s regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) went into effect. The regulations limit when an agency can request criminal history information from an applicant during the hiring process. The Fair Chance Act prohibits Federal agencies and Federal contractors acting on their behalf from requesting that an applicant for Federal employment disclose criminal history record information before the agency makes a conditional offer of employment to that applicant.
The Act is intended to ensure every applicant receives a fair chance at employment, allowing the merits of an individual to include their qualifications, skills be the primary criteria for hiring. The Fair Chance Act was designed help qualified workers with arrests or conviction records compete fairly for employment in federal agencies. The regulations also provide a complaint process for applicants who believe they have been subjected to a prohibited request for criminal history information.
EXCEPTIONS
The Fair Chance Act’s prohibition regarding criminal history inquiries before conditional offers of employment does not apply to:
- Applicants being appointed to positions that require a determination of eligibility for access to classified information;
- Assignment to or retention in sensitive national security duties or positions; or
- Federal law enforcement officer or dual-status military technician positions.
HOW TO FILE A COMPLAINT
The U.S. Department of State seeks to ensure that every applicant is treated fairly throughout the hiring process. As required by regulation, we have established procedures under which an applicant may submit a complaint, or any other information, if they believe they have been subjected to a violation of the Fair Chance Act. Applicants who wish to submit a written complaint must do so within 30 days of the alleged violation by emailing FairChanceAct@state.gov.
Submissions should include the following:
- Details regarding the job opportunity announcement applied to including bureau/office name
- Name and contact information of the employee or contractor who made contact
- Date contact was made
- Copies of any documents or other evidence related to the complaint