New York Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in New York and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does New York Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, New York has some laws in place that differ from the federal fair hiring laws.

Do New York Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

New York’s Equal Pay Act (APEA) has several differences from the federal EPA. The first is what qualifies for protection. The APEA protects employees from unequal pay based on age, race, color, disability, national origin, gender, and creed, while the federal law only covers gender-based pay inequality. Fewer exceptions are also included in New York’s law.

Do New York Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Laws in New York state and New York City are broader than the ADEA, as they provide protections against age-based discrimination for individuals of all ages, rather than just those age 40 and over.

Do New York Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The New York State Human Rights Act (NYSHRL) shares some similarities with the ADA, although one key difference is that all employers are subject to it in NY. The federal law only applies to employers with 15+ employees. Disability also has a broader definition in the state-specific law.

Do New York Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

New York follows GINA regarding genetic discrimination in the hiring process.

Do New York Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

New York law is slightly different from Title VII of the Civil Rights Act of 1964. It includes additional protected classes (military status, familial status, genetic characteristics, and domestic violence victim status). It permits victims of discrimination to pursue punitive damages and attorney fees as remedies.

In New York City, the Human Rights Law includes partnership status, caregiver status, citizenship or alienage status, and sexual orientation as protected classes. It also includes a larger range of legal options, including punitive damages and lawyer fees.

Are There Different Fair Hiring Laws in Cities or Municipalities Across New York?

As mentioned, New York City has several laws in place that differ from state law. Eligible employers operating within New York City must adhere to those laws.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.