Effective April 18, 2026, New York amended its General Business Law to limit employers’ use of a person’s consumer credit history in certain hiring and employment decisions. In doing so, New York State builds on the precedent set by New York City and several other states with similar laws.
Specifically, section 380-b of New York’s General Business Law now includes the following language:
Except as provided in this subdivision, it shall be an unlawful discriminatory practice for an employer, labor organization, employment agency or any agent thereof to request or to use for employment purposes the consumer credit history of an applicant for employment or employee, or otherwise discriminate against an applicant or employee with regard to hiring, compensation, or the terms, conditions or privileges of employment based on the consumer credit history of the applicant or employee.
N.Y. Gen. Bus. Law § 380-b(d)(1).
The law defines “consumer credit history” broadly as “an individual's credit worthiness, credit standing, credit capacity or payment history” as shown in a consumer credit report, credit score, or certain information the employer obtains directly from the individual. N.Y. Gen. Bus. Law § 380-a(w). It specifically includes “any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity or credit history.” Id.
This restriction does not apply to all employment decisions;...
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