NYC Human Rights “Test” Law to Uncover Discrimination in Hiring

Starting on October 1, 2015, the NYC Human Rights Commission will conduct proactive investigations into hiring practices of employers in the City. The technique called “matched pair testing” will involve two testers with similar credentials applying for jobs. The testers will only differ with respect to actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation, alienage, or citizenship status.

The purpose of the testing is to determine whether targeted employers are impermissibly screening applicants based upon protected categories. This law is notable since it is the first formal legislation enacted authorizing the city agency to actively search for discrimination, as opposed to investigate reactively to discrimination claims filed by allegedly aggrieved parties.



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