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 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 (NY Exec. Law Sec. 290 et seq.). With limited exceptions, employers are also prohibited from discriminating against medical marijuana patients. Additional information is available.
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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.
Lawful off-duty activities. Employers are prohibited from discriminating because of an individual’s political activities, legal use of consumable products, or legal recreational activities outside of working hours, off the employer's premises and where the employer's equipment or other property is not involved (NY Labor Law Sec. 201-d). Employers are also prohibited from discrimination based on an individual’s membership in a union.
Lie detector testing. Employers are prohibited from requesting, ...

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