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Interviewing and Selecting Job Candidates: New York

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Sean H. Close, Conair Corporation

Summary

  • New York's laws against employment discrimination are broader than analogous federal laws in many respects, and employers must be aware of these distinctions in interviewing and selecting job candidates. See New York State Discrimination Law.
  • New York protects job applicants from certain types of inquiries that would not be prohibited under federal laws against discrimination. See New York State Discrimination Law.
  • New York's Human Rights Law covers employers with four or more employees and therefore applies to many small employers that might not be covered by federal employment laws. See New York State Discrimination Law.
  • Employers generally may not discriminate against job applicants for engaging in lawful activities outside of work such as political activities. See Lawful Activities.
  • An interviewer may not inquire into whether a New York job applicant was ever arrested if the applicant denies having been convicted of a crime unless the question relates to pending charges. See Arrest and Conviction Records.
  • The state's biggest cities restrict private employers from asking criminal history questions on job applications. New York state agencies have stopped asking these questions at the application stage as well. See Ban the Box.
  • New York City has adopted a broad salary history question prohibition during the hiring process. See Salary History Law.
  • There are certain limited exceptions to the New York State Human Rights Law regarding inquiries that would otherwise be considered discriminatory. See Bona Fide Occupational Qualification (BFOQ).
  • Both New York State and New York City prohibit gender identity discrimination. See Gender Identity.