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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