|

New York Pre-Employment Inquiries (Interviewing): What you need to know

The New York Human Rights Law prohibits questions on application forms or in interviews that express any limitation, specification, or discrimination as to age, race, creed, color, national origin, military status, sex, sexual orientation, disability, predisposing genetic characteristics, or marital status (NY Exec. Law Sec. 296 et seq.). The Law covers employers with four or more employees.
Arrests and convictions. It is unlawful for an employer to use an application form or otherwise make any inquiry about certain arrests and criminal convictions (NY Exec. Law Sec. 296(16)). The restrictions include inquiries about:
• An arrest that is not pending and did not result in a conviction
• A youthful offender conviction
• A conviction record that has been sealed by the court
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
State law also prohibits employers from discriminating against an applicant or employee based on a criminal conviction unless there is a "direct relationship" between the criminal offense and the specific opportunity or job in question (NY Correction Law Sec. 750). "Direct relationship" means that the nature of the criminal conduct for which the person was convicted has a direct bearing on the person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the opportunity or job. The law covers all public employers and private employers with 10 or more employees.
Acquired Immunodeficiency Syndrome (AIDS) policy. AIDS is a disability under the Human Rights Law. Testing for the HIV virus requires informed consent, and the Law protects the confidentiality of results (NY Pub. Health. Law Sec. 2780).
Activities outside work. State law protects individuals from employment bias for engaging in recreational ...

>> Read more about Pre-Employment Inquiries (Interviewing)

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

New York Pre-Employment Inquiries (Interviewing) Resources

Pre-Employment Inquiries (Interviewing) Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!


This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.