Saturday, July 27, 2013

New York City’s Introductory Number 814-A (814-A) takes effect.


Effective June 11, 2013, the New York City Council has drafted a bill, Introductory Number 814-A (814-A), a provision that makes it illegal for employers to make hiring decisions based on an applicant’s employment status.  Employer violations of 814-A may result in fines of up to $250,000.

The employers must be able to compile substantive job-related reasons for not hiring a particular candidate.  The government also prohibits advertisements from stating current employment as a requirement or that unemployed people need not to apply.  814-A does not make it illegal for employers to inquire about the reasons why a candidate left a prior job and does not prevent employers from examining candidates’ professional qualifications.  This allows an employer to enquire whether an applicant has, for example, an up-to-date license or certification or whether they have undergone the required training or experience. In addition, the law does not outlaw employers from giving preference to existing employees.

 

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