New York Hiring laws & HR compliance analysis

New York Hiring: What you need to know

Discrimination. The New York Human Rights Law prohibits hiring practices that discriminate based on age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status, unless based on a bona fide occupational qualification. The law covers employers with four or more employees (N.Y. Exec. Law § 290 et seq.). With limited exceptions, employers are also prohibited from discriminating against medical marijuana patients. More information is available at the New York Discrimination and Disabilities (ADA) sections.
Veterans’ preference. In public employment, veterans are entitled to preference (N.Y. Civ. Serv. Law ch. 7, § 85).
Salary history. Public and private employers of all sizes may not ask for information concerning salary history and may not use salary history as a factor in whether to grant an interview, in whether to offer employment in the first place, or in determining what salary to offer (N.Y. Lab. Law §194-a). More information is available at the New York Preemployment Inquiries section.
County laws on salary history. Employers in the counties of Albany, Suffolk, and Westchester are prohibited from asking about a job applicant’s salary history. The law in each county covers employers with four or more employees. More information is available at the New York Equal Pay section.
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Blacklisting. It is illegal for an employer to maintain or circulate a blacklist of individuals to prevent them from working because they have exercised their rights under the state's labor laws (N.Y. Lab. Law § 704).
Lawful off-duty ...

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