New York City employment discrimination law bars employers from making adverse decisions based solely on a job applicant’s current unemployment in most situations. Bias against people with gaps in their employment history, especially recent gaps, is a significant problem all over the country. The City Council passed this law in 2013, in part to give greater opportunities to people who may have had difficulty finding work. This could become substantially more important in the months and years to come. The coronavirus pandemic will almost certainly subside at some point. People who were unable to work during this time, perhaps because their employer laid them off, they could not find work due to quarantine or stay-at-home orders, or they had to recover from COVID-19, could have difficulty finding a new job without help from New York City law.
Unemployment Discrimination in New York City
The New York City Human Rights Law (NYCHRL) defines “unemployed” as “not having a job, being available for work, and seeking employment.” N.Y.C. Admin. Code § 8-102. The law generally prohibits employers from:
– Misinforming someone about a job’s availability because of that person’s unemployment;
– Advertising that current employment is a requirement for a job opening;
– Advertising that applicants who are not currently employed will not be considered; or
– Basing decisions related to “hiring, compensation or the terms, conditions or privileges of employment” on a person’s unemployed status. Id. at § 8-107(21)(a).
Employers may consider current unemployment if they have “a substantially job-related reason for doing so.” Id. at § 8-107(21)(b)(1)(a). They may also ask about how an applicant’s prior employment ended.