Content created by Assistant Secretary for Administration (ASA)
The Fair Chance to Compete for Jobs Act (Fair Chance Act) prohibits federal agencies and contractors acting on their behalf, from requesting an applicant’s criminal history record before that individual receives a conditional offer of employment. The Act is intended to ensure every applicant receives a fair chance at employment, allowing the merits of an individual, including their qualifications and skills, to 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 found in 5 Code of Federal Regulations (C.F.R.) Part 920 became effective on October 2, 2023. The regulations assist agencies in carrying out the provisions of the Fair Chance Act.
Exceptions:
In accordance with 5 U.S. Code § 9202(c) and 5 C.F.R § 920.201, certain positions are exempt from the provisions of the Fair Chance Act. 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.
- The assignment to or retention in sensitive national security duties or positions.
- Federal law enforcement officers or dual-status military technician positions.
How to File a Complaint:
Applicants who believe they have been subjected to a violation of the Fair Chance Act may submit a complaint to the Department within 30 calendar days of the alleged violation. The complaint must be written and submitted by email to the Department at FairChanceAct@hhs.gov, and must include:
- The name of the Operating or Staff Division;
- The name and contact information of the employee or contractor who made the contact with the applicant (if known);
- The date when contact was made;
- Details regarding the job opportunity announcement applied to; and,
- Copies of any documents or other evidence related to the complaint.
Frequently Asked Questions
In accordance with 5 U.S. Code § 9202(c) and 5 C.F.R § 920.201, this prohibition 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 officers or dual-status military technician position.
The Department of Health and Human Services may contact an applicant who submits a complaint for additional information relating to the alleged violation of the Fair Chance Act. Our vacancy announcements inform the applicant of our procedure for submitting a complaint. For positions located in any of the Department of Health and Human Services bureaus, OPM's regulations require applicants to file their initial complaint with the Department of Health and Human Services. Upon receipt and investigation, the Department will forward its findings to OPM for action.
Yes. An applicant may select a representative of their choice to assist throughout the complaint process. We may disallow as an applicant’s representative an individual whose activities as a representative would cause a conflict of interest or position, when the applicant designates an agency employee, who cannot be released from their official duties because of the priority needs of the Government, or when the applicant designates an agency employee whose release would give rise to unreasonable costs to the Government. If we disallow the applicant’s chosen representative, we will notify the applicant in writing as soon as practicable.
Within the parameters provided in 5 CFR 754.102(b), the Department of Health and Human Services has discretion to determine the appropriate fact-finding methods that efficiently and thoroughly address the matters at issue. In the event the investigator needs additional information from the applicant, the applicant will be given a reasonable amount of time typically ten calendar days to respond to any such request for information.
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.