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The Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) requires federal agencies and contractors, such as the University, to make a contingent offer to a covered paid or unpaid appointee prior to conducting a criminal background check and/or requesting that a candidate/appointee disclose criminal history record information.

About

The contingent offer requirement of the Fair Chance Act applies to the following University appointment types that require a background check:

  • SHRA/EHRA permanent, time-limited, and temporary positions (includes waivers of recruitment and student positions)
  • Contingent workers, which include adjunct faculty with no intent to pay and external pay postdoctoral scholars
  • Search firm/executive search appointments
  • Third-party temporary appointments (e.g., nextSource)
  • UNC independent contractors
  • Unpaid volunteers, interns, and visiting scholars

The Fair Chance Act does not apply to appointments that do NOT require a background check.


Contingent Offer Templates

Consistent with federal law, once a candidate/appointee is selected, a contingent offer must be made in writing before the background check is initiated. The appointing department or assigned Talent Acquisition Partner (TAP) must use one of the approved offer letter templates (see Contingent Offer Letter Templates section below) or their own offer letter template which includes the applicable contingent offer statement below:

    Contingent Offer Statement for EHRA/SHRA Permanent, Time-Limited and Temporary Positions (Includes Waivers of Recruitment and Student Positions)

    This offer is contingent upon the satisfactory outcome of a background check, reference checks, verification of academic and professional license credentials, funding as well as final salary approval, if applicable. The University’s offer may be rescinded based upon the results of these factors.

    Contingent Offer Statement for Contingent Workers, Unpaid Volunteers/Interns/Visiting Scholars and UNC Independent Contractors

    This offer is contingent upon the satisfactory outcome of a background check, verification of academic and professional license credentials, and reference checks, if applicable. The University’s offer may be rescinded based upon the results of these factors.

When all appointment requirements have been satisfactorily completed, the appointing department, assigned TAP or third-party vendor (e.g., nextSource, search firm, etc.) makes the final offer. A contingent offer may be rescinded if any of the contingencies are not satisfactorily completed.