Preemployment Screening and Testing: New York
Federal law and guidance on this subject should be reviewed together with this section.
Author: Sean H. Close, Conair Corporation
- New York imposes several additional restrictions on an employer's ability to conduct background checks on applicants for employment in addition to those imposed by the federal government. See Background Checks.
- New York City, Buffalo and Rochester are among the cities placing limits on criminal history inquiries during the application process. See Ban the Box Laws Affecting Private Employers.
- There is a unique state requirement limiting most private employers from fingerprinting prospective employees. See Fingerprinting.
- New York City goes beyond state law in restricting most employers from conducting credit checks of job applicants. See NYC Credit Check Law.
- New York protects applicants from certain types of discrimination that are not protected under federal laws against discrimination. See New York State Discrimination Laws.
- New York does not prohibit drug testing for job applicants, but the state's highest court has recognized a claim for negligent testing. See Drug Testing.
- The state has legalized medical marijuana for covered medical conditions but an employer may enforce an existing drug-free workplace policy. See Medical Marijuana.