Fair Chance Act

About the Fair Chance Act

On December 20, 2019, the president signed into law the National Defense Authorization Act, which includes the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act” or “the Act”). The Fair Chance Act prohibit 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.

On October 2, 2023, the U.S. Office of Personnel Management (OPM) finalized its regulations for the Fair Chance Act. The regulations assist the U.S. International Development Finance Corporation in carrying out the provisions of the Act found in chapter 92 of title 5, United States Code. The regulations also provide a complaint process for applicants who believe they have been subjected to a violation of the Fair Chance Act and hold accountable Federal employees found to have committed such a violation.

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 is a Federal law enforcement officer or dual-status military technician position.

How to file a complaint

DFC seeks to ensure that every applicant is treated fairly through 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 to DFC must do so within 30 days of the alleged violation by emailing HRMWorkforceRelationsandBenefits@dfc.gov. Submissions should include the bureau name; name and contact information of the employee or contractor who made contact (if known); date of when contact was made; details regarding the job opportunity announcement applied to; and copies of any documents or other evidence related to the complaint.

Additional resources

FREQUENTLY ASKED QUESTIONS

1. When may a hiring agency request criminal history information during the hiring process?

Unless otherwise required by law, an agency employee may not request, in oral or written form, that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.

2. What can an applicant expect once a complaint is made to the agency?

DFC will investigate all Fair Chance Act complaints that it receives. DFC has the discretion to determine the appropriate fact finding methods to efficiently and thoroughly address the complaint. If the investigator needs additional information from the applicant, the investigator will contact the applicant who will be provided 10 calendar days to respond to the investigator’s request.

DFC will develop an impartial and appropriate factual record adequate for the Office of Personnel Management (OPM) to make findings on the claim(s) raised by the complaint. DFC will complete its investigation and submit an administrative report to OPM within 30 calendar days of completion of the investigation.

OPM will notify DFC and the employee who allegedly violated the Fair Chance Act of its assessment of the complaint.

3. Will applicants be notified of the outcome of a complaint?

No. Neither the Fair Chance Act nor OPM regulations require that an applicant be notified of the outcome of a complaint. As an interested party, an applicant may submit a Freedom of Information Act request to obtain any releasable information about the investigation and outcome.