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NYC to Test for Discriminatory Hiring

New York City is taking an aggressive approach to actively seek out discriminatory hiring practices used by employers.

Mayor Bill de Blasio (D) just enacted a new law (Bill 690-A) that requires the city’s Human Rights Commission to conduct “matched-pair” testing. The commission will test at least five employers’ hiring processes between October 1, 2015, and September 30, 2016 — although there’s no limit to how many tests they can conduct.

Under the testing program, two “testers” will apply for, or inquire about, the same position at the same company, disguised as applicants. The testers will have similar qualifications, but the major difference will be that one will have a characteristic protected by the city’s Human Rights Law. The testers will be required to report any incidents of discrimination to the commission’s Law Enforcement Bureau.

Employers should review their hiring processes to ensure they are compliant and have practices in place to prevent discrimination in hiring.