NEW YORK CITY PROHIBITS HIRING DECISIONS BASED ON UNEMPLOYMENT STATUS

Overriding a veto from Mayor Michael Bloomberg, the New York City Council has passed a bill amending the New York City Human Rights law to prohibit employment decisions based on an applicant’s ”unemployment” status.  In addition, the bill also prohibits employers from posting job listings that list current employment as a prerequisite for any job.  The new law applies to all employers employing four or more persons.

The new law goes into effect on June 11, 2013.

The law contains two exceptions.  First, an employer can consider an applicant’s unemployment status where that information is “substantially job related and the employer has a bona fide reason for doing so”.  Second, employers can inquire into the circumstances surrounding a job applicant’s “separation from prior employment”.

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