Interviewing and Selecting Job Candidates: 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's laws against employment discrimination are broader than analogous federal laws in many respects, and employers must be aware of these distinctions in interviewing and selecting job candidates. See New York State Discrimination Law.
• New York protects job applicants from certain types of inquiries that would not be prohibited under federal laws against discrimination. See New York State Discrimination Law.
• New York's Human Rights Law covers all employers and therefore applies to many small employers that might not be covered by federal employment laws. See New York State Discrimination Law.
• A job application is a critical part of the recruiting process that may be used to obtain information about an individual's experience and expertise for a particular position. See Job Applications.
• Employers generally may not discriminate against job applicants for engaging in lawful activities outside of work, such as political activities. See Lawful Activities.
• An interviewer may not inquire into whether a New York job applicant was ever arrested if the applicant denies having been convicted of a crime unless the question relates to pending charges. See Arrest and Conviction Records.
• There are certain limited exceptions to the New York State Human Rights Law regarding inquiries that would otherwise be considered discriminatory. See Bona Fide Occupational Qualification (BFOQ).
• New York prohibits discrimination based on gender identity or expression. See Gender Identity or Expression.
• Localities including Albany County, Buffalo, New York City, Rochester and Syracuse have laws pertaining to interviewing and selecting job candidates. See Local Requirements.