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

Summary

• New York imposes several 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 does not prohibit private employers from making criminal history inquiries during the application process, but certain cities do. See Ban the Box.
• There is a unique state requirement limiting most private employers from fingerprinting prospective employees. See Fingerprinting.
• New York protects applicants from certain types of discrimination that are not protected under federal laws against discrimination. See 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 both medical and recreational cannabis, but an employer is not required to accommodate the use, possession, sale, or transfer of cannabis in the workplace. See Medical Marijuana.
• Localities including Buffalo, New York City, Rochester and Syracuse have requirements pertaining to preemployment screening and testing. See Local Requirements.