Here are the Job Application and Interview Rules in New York

Are employers allowed to ask about previous salaries? How about criminal history? In addition to complying with all applicable federal and state nondiscrimination laws, there are several job application and interview rules in New York that employers need to know. During the hiring process, New York employers with four or more employees are generally prohibited from:

1. Inquiring about any arrest or criminal accusation that is not yet or no longer pending against an applicant. However, New York employers are not prohibited from asking an applicant if he or she has any current pending arrests or accusations.
2. Inquiring about an individual’s arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.
3. Requiring the applicant to divulge information about any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.
4. Taking any adverse action based on any arrest or criminal accusation where the arrest or accusation has been resolved in favor of the applicant, by a youthful offender adjudication, or resulted in a sealed conviction.

Also, New York employers with 10 or more employees are generally prohibited from discriminating in employment based on prior convictions.

Finally, at the request of an applicant previously convicted of one or more criminal offenses whose job application has been denied, the employer must provide a written statement setting forth the reasons for the denial within 30 days of the request.

Albany County Employers

Albany County employers with four or more employees are generally prohibited from:

1. Screening job applicants based on their current or past compensation, including benefits.
2. Requiring an applicant’s prior compensation to satisfy minimum or maximum criteria.
3. Asking for or requiring a job applicant to disclose prior compensation as a condition of being interviewed or continuing to be considered for an employment offer.
4. Before making a job offer with compensation, seeking a job applicant’s salary history from a current or former employer. However, after any such offer has been made, a job applicant may provide written authorization to confirm prior compensation.

New York City Employers

New York City employers with four or more employees are also generally prohibited from:

1. Inquiring about an applicant’s salary history or relying on an applicant’s salary history in determining the salary, benefits or other compensation for the applicant during the hiring process. However, an employer may—without inquiring about salary history—engage in discussion with the applicant about his or her expectations with respect to salary, benefits, and other compensation. In addition, employers may verify and consider current or prior earnings or benefits if the applicant offers this information voluntarily. Click here for additional information.
2. Inquiring about an applicant’s criminal history or requesting permission to run a criminal background check until after a conditional offer of employment has been made. After a conditional offer of employment has been made, the employer may then ask whether the applicant has a criminal conviction history and run a background check, but only after giving notice and receiving the applicant’s permission. Once the employer knows about the applicant’s conviction history, the employer may then ask the applicant about the circumstances that led to the conviction.
3. Seeking or considering information pertaining to an applicant’s non-conviction.

Finally, if a New York City employer with four or more employees wants to revoke a job offer based on an applicant’s criminal record, the employer must:

1. Explain to him or her why using the Fair Chance Notice;
2. Provide him or her with a copy of any background check conducted by the employer or third-party vendor; and
3. Give him or her three business days to respond.

Suffolk County Employers

Effective June 30, 2019, Suffolk County employers with four or more employees will be generally prohibited from:

1. Inquiring about a job applicant’s wage or salary history, including compensation and benefits.
2. Relying on the salary history of a job applicant in determining the job applicant’s wage or salary amount at any stage in the employment process, including the job offer.

Westchester County Employers

Westchester County employers with four or more employees are also generally prohibited from:

1. Relying on the wage history of a prospective employee from any current or former employer in determining his or her wages.
2. Requesting or requiring a prospective employee to disclose information about his or her wages from any current or former employer as a condition of being interviewed or continuing to be considered for employment.
3. Seeking the previous wages of any prospective employee from any current or former employer. However, after obtaining written consent, employers may seek to confirm prior wage information after an offer of employment has been made and the prospective employee responds to the offer by providing prior wage information to support a higher wage.
4. Refusing to hire or otherwise retaliating against an employee or applicant based on prior wage history.
5. Effective March 4, 2019, including in any advertisement, solicitation, or publication any limitation or specification in employment based on a person’s arrest record or criminal conviction.
6. Effective March 4, 2019, questioning or making a statement about a criminal conviction or arrest record of any person in an application for employment. After the submission of an application for employment, an employer may inquire about the applicant’s arrest or conviction record in accordance with state law. Before taking any adverse employment action based on that inquiry, however, the employer must perform an analysis of the applicant’s criminal record and other factors, and the analysis may be requested by the applicant. If requested, the employer must provide a written statement setting forth the reasons for the denial.

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Source: “Job Application & Interview Rules in New York (NY)” by Zywave