Recently the New York City Council passed a bill, amending the New York City Human Rights Law, meant to curtail what employers can review about an applicant during the hiring process and after. The “Stop Credit Discrimination in Employment Act” passed on April 16, 2015, would prohibit employers from requesting or using an individual’s consumer credit history in making hiring or employment decisions.
This bill, expected to be signed by New York City Mayor De Blasio, is similar in spirit to ‘Ban the Box’ legislation gaining popularity around the country, expect for one major component. ‘Ban the Box’ legislation, which deals primarily with an individual’s criminal history, only addresses at what time during the hiring process may employers run a criminal history screen. With the “Stop Credit Discrimination in Employers Act”, employers are never able to review an individual’s credit history, before or after a hiring decision has been made.
In the bill, a consumer credit history is:
• Credit worthiness
• Credit standing
• Credit capacity
• Payment history
As defined by:
• Credit Score
• Consumer credit report
• Other information an employer obtains directly from an individual regarding accounts, debts, bankruptcies, judgments or liens.
This bill would also provide applicants and employees the same rights and remedies afforded individuals asserting any other claims pursuant to the New York City Human Rights Law.
View the bill