Beginning April 18, 2026, all employers in the State of New York will be prohibited from requesting or using an employee’s or prospective employee’s consumer credit history as a factor in employment decisions, subject to certain exceptions. Employers should review their policies and practices to ensure that no employee or prospective employee’s consumer credit history is being used for employment purposes, and document whether certain positions fall under one of the statutory exceptions.
Since 2015, New York City has banned consumer credit checks on existing and prospective employees with limited exceptions. Under the Stop Credit Discrimination in Employment Act (SCDEA), New York City employers are unable to request or obtain information on “credit worthiness, credit standing, credit capacity, or payment history” for employment decisions involving prospective or current employees. On December 19, 2025, New York Governor Kathy Hochul signed into law amendments to the New York State Fair Credit Reporting Act that restrict employers’ use of applicant and employee credit information and make New York State law similar to current New York City law. The amendments take effect on April 18, 2026.
New York is now the 11th state to enact legislation concerning the use of consumer credit history in the hiring process. California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington have all passed laws restricting the use of consumer...
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