The Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) prohibits Federal agencies 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. Applicants who have been subject to a violation of the Fair Chance Act may file a complaint.
Fair Chance Act complaint process
How do I file a Fair Chance Act complaint?
Applicants who believe the General Services Administration (GSA) violated the Fair Chance Act may file a complaint via email at FairChanceActComplaint@gsa.gov.
What information should I submit when filing a Fair Chance Act complaint?
GSA recommends that applicants submit the information listed below. In the event the investigator needs additional information, you will be given ten (10) calendar days from the date of the request to respond with the requested information.
- Name of the applicant.
- A copy of the vacancy announcement and/or vacancy announcement number.
- Name of the individual(s) who allegedly violated the Fair Chance Act.
- A description of the violation.
- Supporting documentation (e.g., emails), if applicable.
What is the timeframe for an applicant to submit a complaint, or any other information, about an alleged violation of the Fair Chance Act?
An applicant may submit a complaint, or any other information, to the agency within 30 calendar days of the date of alleged non-compliance by an employee of the agency.
GSA has the ability to extend the 30-day time limit when an applicant shows that they were not notified of the time limits and were not otherwise aware of them, that the applicant did not know and reasonably should not have known that the noncompliance occurred, to consider a reasonable accommodation of a disability, or for other proper and adequate reasons considered by the agency.
What happens after I submit a complaint?
GSA has 60 calendar days from the date of the complaint to complete an investigation. Within 30 calendar days of the completion of the investigation, GSA will provide the administrative report to the Office of Personnel Management (OPM). OPM is responsible for complaint adjudication and penalty determination, if applicable.
Will applicants be notified of the outcome of a Fair Chance Act complaint?
No. Neither the Fair Chance Act nor OPM regulations require that an applicant be notified of the outcome of a complaint.