The City of New York has passed a new law prohibiting employers from using consumer credit histories in making employment decisions, including hiring. The new law takes effect September 3, 2015.
NYC Administrative Code section 8-107(24) will make it unlawful for an employer to request or use for employment purposes the consumer credit history of an applicant for employment or of an employee. But there are exceptions, which allow the use of consumer credit histories by certain types of employers. The new law does not apply to persons seeking positions as:
– positions subject to a background investigation by DOI for appointed positions of public trust
– positions in which the employee is required to be bonded
– positions in which the employee is required to possess security clearance
– non-clerical positions in which the employee has regular access to trade secrets, intelligence information, or national security information
– positions involving a fiduciary responsibility to the employer with the authority to enter financial agreements values at $10,000 or more on behalf of the employer
positions with regular duties that allow the employee to modify digital security systems established to protest the employer’s networks or databases.
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