New York Hiring laws & HR compliance analysis

New York Hiring: What you need to know

The New York Human Rights Law prohibits hiring practices that discriminate on the basis of age, race, creed, color, national origin, sex (including gender identity and transgender), sexual orientation, military status, disability, predisposing genetic characteristics, marital status, familial status, or domestic violence victim status unless based on a bona fide occupational qualification. The law covers employers with four or more employees (NY Exec. Law Sec. 290 et seq.). With limited exceptions, employers are also prohibited from discriminating against medical marijuana patients. Additional information is available.
City of New York. Employers in the city of New York are prohibited from discriminating against job applicants on the basis of actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual orientation, alienage, citizenship status, or unemployment status (NYC Admin. Code Sec. 8-107). The law applies to employers with four or more employees.
Employers are also prohibited from making employment decisions based on an employee’s or applicant’s consumer credit history NYC Admin. Code Sec. 8-107(24). The law prohibits employers from requesting or using a credit history for employment purposes and from otherwise discriminating with regard to hiring, compensation, or the terms, conditions, or privileges of employment.
New York City’s Fair Chance Act, effective October 27, 2015, generally prohibits an employer with at least four employees from making an inquiry about an applicant’s pending arrest or criminal conviction record until after a conditional offer of employment has been extended (NYC Admin. Code Sec. ...

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