New York Selection and Testing laws & HR compliance analysis

New York Selection and Testing: What you need to know

The New York Human Rights Law prohibits discrimination based on age (18 and over), race, creed, color, national origin, sexual orientation, military status, sex (including gender identity and transgender), disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status unless a characteristic constitutes a bona fide occupational qualification (BFOQ), i.e., the characteristic is necessary in order to perform the job in question. The Law applies to all employers with four or more employees (NY Exec. Law Sec. 290 et seq.).
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Religious accommodation. It is unlawful for an employer to require an employee or applicant to violate or forgo a sincerely held religious practice as a condition of obtaining or retaining employment unless the employer shows that it cannot accommodate the religious practice without undue hardship to its business (NY Exec. Law Sec. 296(10)).
Unique genetic disorders. A separate law prohibits employment discrimination based on sickle-cell trait, Tay-Sachs, or Cooley's anemia status unless it can be clearly shown that the disorder would prevent an individual from performing the functions of the job (NY Civil Rights Law Sec. 48 et seq.).
New York has a number of laws prohibiting discriminatory employment practices. Detailed information is available.
Employers may generally use any professionally developed aptitude test when selecting employees as long as the test is not designed, intended, or used to discriminate against a protected individual or class of individuals.
It is unlawful discrimination for an employer to require genetic testing as a condition of employment, as part of a ...

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