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New York City Investigation of Hiring Practices

New York City’s Commission on Human Rights is now authorized to investigate employers in the Big Apple to search for discriminatory practices during the hiring process. This authority stems from a law signed into effect by Mayor de Blasio that established an employment discrimination testing and investigation program.  The program is designed to determine if employers are using illegal bias during the employment application process.

Under this program, which is to begin by October 1, 2015, the Commission is to use a technique known as “matched pair testing” to conduct at least five investigations into the employment practices of New York City employers.  The law requires the Commission to use two “testers” whose credentials are similar in all respects but one: their protected characteristics, i.e., actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, citizenship status, or another characteristic protected under the New York City Human Rights Law.  The testers will apply for jobs with the same employer to evaluate whether that employer is using discriminatory practices during the hiring process.

Employers may wish to notify their human resources personnel about the program and have them remind individuals who review job applications and conduct interviews to focus on job-related skills and abilities, not protected characteristics.  Job postings/advertisements should also be reviewed to ensure that they are neutral.

©2018 Epstein Becker & Green, P.C. All rights reserved.

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About this Author

Laura Stutz, class action employment litigator, Epstein Becker Law Firm
Senior Counsel

Laura A. Stutz is a Senior Counsel in the Labor and Employment practice, in the firm's Newark office.

Ms. Stutz's class action representations have concerned challenges under federal statutes, such as the Fair Labor Standards Act as well as state statutory law (including state wage and hour laws and unfair and deceptive acts and practices statutes). Most recently, Ms. Stutz has obtained dismissal on the pleadings of a class action brought under the Equal Pay Act by the Equal Employment Opportunity Commission.

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