The de Blasio administration last Thursday launched a public education and outreach campaign to help inform residents about a new city law that aims to protect job applicants and employees against discrimination due to credit history.
Mayor Bill de Blasio signed the Stop Credit Discrimination in Employment Act in May. The legislation, which went into effect last week, amends the city Human Rights Law to prohibit discrimination on the basis of consumer credit history in employment, according to de Blasio’s office.
For most positions, the administration indicated, it will now be unlawful for employers to request or to use the consumer credit history of job applicants. The law also prohibits current employees from being discriminated against by their employers on the basis of consumer credit history.
“New York City is proud to be home to the strongest law in the country prohibiting the use of credit checks in employment,” said Counsel to the Mayor Maya Wiley. “We know poor credit history can negatively impact New Yorkers for many reasons, including predatory lending, medical debt, student loans, and unemployment. And it disproportionately impacts people of color, women, and victims of domestic violence. This law will help ensure that New Yorkers are judged by their merit and qualifications in seeking employment. I applaud the Commission on Human Rights for enforcing this law on behalf of all New Yorkers.”
The administration also pointed out that there are several exceptions to the law, including for law enforcement and other professions involving a high level of public trust or access to sensitive information, and for employers who are mandated to conduct consumer credit history checks pursuant to state and federal laws or regulations. The law does not interfere with the obligations of government employees to disclose certain information to the Conflict of Interest Board, de Blasio’s office said.
Additionally, the law prohibits the use of consumer credit history by city agencies in issuing licenses. The same prohibitions against asking about a job seeker or employee’s consumer credit history apply to government agencies as they evaluate applicants to and holders of occupational licenses. Such agencies may, however, consider an applicant’s or registrant’s “failure to pay any tax, fine, penalty, or fee” when the person has admitted liability or had judgment entered against her or him or “any tax for which a government agency has issued a warrant, or a lien or levy on property.”
For more information, visit nyc.gov/humanrights.
By Michael V. Cusenza michael@theforumnewsgroup.com
