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 medical marijuana for covered medical conditions, but an employer may enforce an existing drug-free workplace policy. See Medical Marijuana.
• Localities including Buffalo, New York City, Rochester and Syracuse have requirements pertaining to preemployment screening and testing. See Local Requirements.