Beginning April 18, 2026, New York State employers will be restricted from using an applicant’s or employee’s consumer credit information when making employment-related decisions. S.B. 3072, signed by Governor Kathy Hochul as part of an end-of-year legislative push, will extend statewide credit history protections similar to those already in effect under New York City law.

Restrictions on Collection and Use of Consumer Credit History

The law will amend the New York State Fair Credit Reporting Act (Gen. Bus. Law § 380 et seq.) to make it an unlawful discriminatory practice for an employer, labor organization, employment agency, or their agent to:

• request or use the consumer credit history of an applicant or employee for employment purposes, or
• otherwise use an applicant’s or employee’s consumer credit history to discriminate against the individual with regard to hiring, compensation, or other terms, conditions, or privileges of employment, subject to certain exceptions.

“Consumer credit history” is defined as “an individual’s credit worthiness, credit standing, credit capacity or payment history, as indicated by: (1) a consumer credit report; (2) credit score; or (3) information an employer obtains directly from the individual regarding (i) details about credit accounts, including the individual’s number of credit accounts, late or missed payments, charged-off debts, items in collections, credit limit or prior credit report inquiries, or (ii) bankruptcies, judgments or...

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