In New York, an employer cannot ask job applicants questions designed to reveal a protected characteristic, prior pay, most criminal history, or lawful off-duty cannabis use. Those limits sit in the state Human Rights Law and a handful of Labor Law and Correction Law provisions, and they cover the application form, the phone screen, the interview, and any third-party background check. Illegal interview questions in New York are not just a matter of etiquette; asking them can expose an employer to administrative complaints and civil liability, and it gives you a route to push back.
Questions About Protected Characteristics
The New York State Human Rights Law makes it illegal for an employer to base a hiring decision on a candidate’s protected characteristics, and any question aimed at drawing that information out is off-limits. The protected categories are broad:
- Age. A question like “What year did you graduate?” can be a proxy for age and is prohibited unless age is a real job requirement.
- Race, creed, or color.
- National origin, including ancestry, birthplace, and native language.
- Sex, sexual orientation, gender identity, or gender expression.
- Disability or predisposing genetic characteristics.
- Marital or familial status, including questions about children or family plans.
- Military status.
- Status as a victim of domestic violence.
The underlying test is whether the question bears on your ability to do the job. If it does not, it probably should not be asked.1Division of Human Rights. New York State Division of Human Rights Homepage
Disability and Pregnancy
Disability questions trip employers up more than any other category. The rule is straightforward: an employer may ask whether you can perform the specific tasks the job requires, but may not ask whether you have a disability or have been treated for particular conditions.2Working at Cornell. Unlawful Inquiries Phrasing controls the outcome. “Can you lift 50 pounds regularly?” is fine for a warehouse role. “Do you have any back problems?” is not.
Pregnancy inquiries follow the same logic under the federal Pregnant Workers Fairness Act. An employer cannot refuse to hire you because you are pregnant or might need leave after childbirth. If you need an adjustment to the application process itself, such as rescheduling a physical test, the employer must provide it unless doing so creates an undue hardship. Telling an applicant that needing time off soon after starting would count against them is treated as coercion under the PWFA’s regulations.3eCFR. Part 1636 Pregnant Workers Fairness Act
Salary History and Pay Range
Under Labor Law Section 194-a, a New York employer cannot ask a job applicant about current or past compensation. The ban covers wages, benefits, and any other form of pay, and it applies whether the question comes up in conversation, on the application form, or through a background check vendor. Employers also cannot go around you and seek that information from a former employer or other outside source. The protection follows you into internal moves too: if you already work somewhere and apply for a promotion, your employer cannot condition the promotion on disclosing salary history from a prior job.4The State of New York. Salary History Ban – What You Need To Know
One boundary worth knowing. If you volunteer prior salary information during negotiation without being asked, the employer may consider it. The ban targets employer-initiated inquiries and third-party research, not information you freely offer.4The State of New York. Salary History Ban – What You Need To Know
On the flip side, since September 2023, Labor Law Section 194-b has required employers with four or more employees to disclose a compensation range in every job, promotion, or transfer posting for positions performed at least partly in New York. If a written job description exists, it must be included too. The requirement reaches remote positions that report to a supervisor or office located in New York, and it applies to employment agencies and recruiters as well.5New York State Senate. New York Labor Law 194-B Mandatory Disclosure of Compensation or Range of Compensation
Criminal History
New York prohibits employers from asking about any arrest that did not lead to a conviction. That includes cases dismissed, resolved with an adjournment in contemplation of dismissal, ended in acquittal, or handled as a youthful offender adjudication. Proceedings that ended in a non-criminal violation, like disorderly conduct, are also off-limits.6Justice Center for the Protection of People With Special Needs. Employment Application Question Concerning Criminal History
The Clean Slate Act, which took effect in November 2024, adds another layer. Eligible convictions are automatically sealed after a waiting period measured from the completion of sentence with no new convictions: three years for misdemeanors and eight years for most felonies. Once a conviction is sealed, it will not appear on most background checks, and you can legally answer “no” if asked about it. The courts have until November 2027 to work through the backlog of already-eligible convictions, so during the transition some records that qualify for sealing may still surface on a check.7LawHelpNY. New York’s Clean Slate Act and Sealing Convictions8New York State Assembly. Clean Slate Act Myths and Facts
For unsealed convictions, Correction Law Article 23-A limits what an employer can do with the information. A job cannot be denied on the basis of a past conviction unless there is a direct relationship between the offense and the job’s duties, or hiring would pose an unreasonable risk to safety or property. Before rejecting an applicant, the employer must run an individualized assessment weighing eight factors, including the connection between the offense and the job, the time since the offense, the applicant’s age when it occurred, its seriousness, and any evidence of rehabilitation. The statute expressly favors employing people with criminal records, and a certificate of relief from disabilities or a certificate of good conduct creates a presumption of rehabilitation.9New York State. Article 23-A Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses
Local rules can go further. New York City’s Fair Chance Act generally prohibits employers from asking about criminal history until after making a conditional job offer.10NYC Commission on Human Rights. Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History
Cannabis Use
The Marijuana Regulation and Taxation Act amended Labor Law Section 201-d to treat cannabis used in accordance with state law as a legal consumable product. Employers cannot discriminate against applicants because of off-duty, off-premises cannabis use, and a positive drug test for cannabis, by itself, is not grounds to refuse to hire you.
The exceptions are narrow. An employer may act if a state or federal statute, regulation, or government mandate requires it, such as federal drug testing rules for commercial vehicle drivers. An employer may also act on specific, observable symptoms of cannabis impairment at work that reduce performance or threaten safety. A drug test alone does not prove impairment, because current testing technology detects prior use rather than current impairment.11Labor.ny.gov. Adult Use Cannabis and the Workplace, New York Labor Law 201-d
Credit Reports and Background Checks
Before an employer can pull a credit or background report on you, the federal Fair Credit Reporting Act requires written notice in a standalone document, not buried in the application, that the employer may use information from a consumer report to make a hiring decision. You must then give written authorization before the report is ordered.12Federal Trade Commission. Using Consumer Reports: What Employers Need to Know
If the employer decides not to hire you based even in part on what the report says, a two-step adverse action process applies. Before the decision is final, the employer must give you a copy of the report and a summary of your rights so you can dispute errors. After the decision is final, the employer must send a notice identifying the reporting agency, stating that the agency did not make the decision, and telling you that you can get a free copy of the report within 60 days and dispute inaccuracies. Skipping these steps creates FCRA liability, and consumer report errors are common enough that these process protections matter in practice.12Federal Trade Commission. Using Consumer Reports: What Employers Need to Know
What Employers Can Ask
Plenty of questions are fair game. Employers can ask about your relevant work experience, job-specific skills, education, and any professional licenses or certifications. They can describe the physical or scheduling demands of the job and ask whether you can meet them.
Employers may also ask whether you are legally authorized to work in the United States. The question has to stop there. Probing into citizenship, immigration status, or national origin is off-limits, and formal verification through Form I-9 does not happen until after you accept a job offer.13U.S. Equal Employment Opportunity Commission. Pre-Employment Inquiries and Citizenship
How to File a Complaint
If an employer asked prohibited questions or made a hiring decision based on a protected characteristic, you can file a complaint with the New York State Division of Human Rights. Filing is free and you do not need an attorney. The Division’s call center is (844) 697-3471, and an online reporting form is also available. The Division investigates, determines whether there is probable cause to believe discrimination occurred, and can hold administrative hearings.1Division of Human Rights. New York State Division of Human Rights Homepage
Salary history violations have a second route. You can file a complaint with the New York State Department of Labor, which enforces Labor Law Section 194-a separately.14Department of Labor. Salary History/Pay Equity
If you work in New York City, the NYC Commission on Human Rights enforces the city’s Human Rights Law and often provides broader coverage than the state statute.10NYC Commission on Human Rights. Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History One rule to know before you file: you cannot bring the same facts to both the NYC Commission and the state Division of Human Rights. Pick one.15NYC.gov. Complaint Process – CCHR