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Employers Beware: New York City Establishes Discrimination Testing Program

April 28, 2015

On April 20, 2015, Mayor Bill de Blasio signed legislation (Bill 690-A) establishing “an employment discrimination testing program.” The law involves the use of two individual testers, with similar qualifications, but from different protected categories, who will test for discrimination by applying for the same job with the same employer.


The City Commission on Human Rights will conduct no fewer than five tests during a one year period. Testing is to commence on or before October 1, 2015. Any actual or perceived incidents of discrimination revealed as a result of the “testing” will be referred to the Commission’s law enforcement bureau.


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