New York Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

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

Protected classes. 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 (including gender identity and transgender), sexual orientation, disability, predisposing genetic characteristics, marital status, or domestic violence victim status (N.Y. Exec. Law § 296 et seq.). The law covers employers with four or more employees.
Acquired Immunodeficiency Syndrome (AIDS) policy. AIDS is a disability under the Human Rights Law. Testing for the human immunodeficiency virus (HIV) requires informed consent, and the Law protects the confidentiality of results ((N.Y. Pub. Health Law § 2780).
Protected classes. 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 (including gender identity and transgender), sexual orientation, disability, predisposing genetic characteristics, marital status, or domestic violence victim status (N.Y. Exec. Law § 296 et seq.). The law covers employers with four or more employees.
Criminal history. 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 § 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
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State law also prohibits employers from discriminating against an applicant or employee based on a criminal ...

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