New York Application Forms laws & HR compliance analysis

New York Application Forms: What you need to know

The New York Human Rights Law prohibits employers from using any type of application form that expresses any limitation, specification, or discrimination as to age, race, creed, color, national origin, sexual orientation, military status, sex (including gender identity and transgender status), disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status (NY Exec. Law Sec. 296; 9 NYCRR Sec. 466.13). The law covers employers with four or more employees.
Retaliation prohibited. Employers are prohibited from discharging, expelling, or otherwise discriminating against any person who has opposed any unlawful discriminatory practice (NY Exec. Law Sec. 296 et seq.).
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Genetic testing. Employers are prohibited from requesting or requiring a genetic test as a condition of employment, or soliciting or requiring information from which a predisposing genetic characteristic can be inferred, except where it can be shown that an employee or an applicant with a specific genetic anomaly might be at an increased risk of disease as a result of working in that particular environment (NY Exec. Law Sec. 296(19)). Employers are also prohibited from acquiring genetic test results, or making agreements with employees or applicants to provide genetic test results or any similar information.
According to the state Division of Human Rights, employers may ask only whether an applicant has the ability to perform job-related functions. Employers may not ask whether an applicant has a disability or about the nature or extent of any disability.
Americans with Disabilities Act (ADA) compared. The ADA also prohibits disability discrimination and is the same ...

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