Publications

Welcome to Today’s HRMinute. My name is Marisa Sandler and I’m an associate here at Tannenbaum Helpern Syracuse & Hirschtritt. Today we are going to be discussing what not to ask on a job application or during an interview. While job applications and interviews are two valuable means of obtaining information about job candidates, they can raise a host of legal issues with respect to the questions asked and the information sought. As a general rule, employers should not ask questions which could reveal information about an individual’s protected class, and in turn form the basis of a hiring decision. Instead, questions should be focused on an individual’s actual qualifications, such as relevant experience. Here in New York City we are governed by federal, state, and local civil rights laws. For instance, the New York City Human Rights Law sets forth an enumerated list of protected classes. A relatively recent amendment to New York City Human Rights Law was the New York City Fair Chance Act. The NYC Fair Chance Act prohibits employers from asking about a pending arrest or criminal record prior to making a conditional offer of employment. Also in New York City, employers are prohibited from asking about salary history. For more information check out my blog post on our LinkedIn page. My name is Marisa Sandler and I’m an associate here at Tannenbaum Helpern Syracuse & Hirschtritt.