New York Advertising laws & HR compliance analysis

New York Advertising: What you need to know

New York State. The New York Human Rights Law prohibits any employer with four or more employee, any employment agency, or any labor organization from printing or circulating (or causing to be printed or circulated) any advertisement or publication that expresses directly or indirectly any limitation, specification, or discrimination as to age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status. However, any of these characteristics may be mentioned if such specification is based on a bona fide occupational qualification (NY Exec. Laws Art. 15 Sec. 296).
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New York City. All employers in New York City are prohibited from stating or indicating in a job advertisement that being currently employed is a requirement or qualification for a job or that unemployed applicants will not be considered. The term “unemployed” or "unemployment" is defined in the law to mean “not having a job, being available for work, and seeking employment” (NYC Admin. Code Sec. 8-102).
Employers in the city of New York are also prohibited from discriminatory practices against applicants on the basis of age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, citizenship status, credit history, or unemployment status (NYC Admin. Code Sec. 8-107).
Last reviewed September 2015.

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