May New York employers require job applicants to provide their fingerprints as a condition of employment?

Author: Sean H. Close, Putney Twombly, Hall & Hirson

Generally, private employers in the Empire State are expressly prohibited from fingerprinting an applicant as part of a background check under New York labor law. However, exceptions are permitted for hospitals and medical colleges affiliated with hospitals. The state fingerprinting ban also does not apply to public sector employers.

In addition, fingerprinting is required for prospective employees seeking certain jobs, such as with school districts, child care workers, security guards and certain securities industry employees.