A Fairer Hiring Standard: Understanding New York’s Credit History Protection Law

On December 19, 2025, New York Governor Kathy Hochul signed legislation amending the New York State Fair Credit Reporting Act to protect employees and job applicants from unfair treatment based on their personal credit history. Beginning April 18, 2026, most employers in New York are no longer allowed to ask for, review, or rely on your credit history when making employment decisions. That includes decisions about hiring, promotions, pay, discipline, or continued employment. The law reflects a growing understanding that a person’s credit report often has little to do with how well they perform their job and can be influenced by medical bills, family obligations, or other life events outside their control.

What does this mean in everyday terms? In most situations, you cannot be required to consent to a credit check, provide a credit score, explain personal debt, or answer questions about bankruptcies, collections, judgments, or late payments. Employers also cannot sidestep the rule by obtaining this information indirectly through third‑party background checks or informal questions. While there are a few narrow exceptions, the default rule is simple: credit history is off‑limits in employment decisions.

Just as importantly, the law protects you if issues arise. You have the right to refuse to provide credit‑related information, to ask questions, or to raise concerns without fear of retaliation. An employer may not penalize, discipline, or treat you differently for asserting rights granted by this law. The goal of this change is to promote fairness, transparency, and equal opportunity in the workplace by ensuring employees are evaluated on their skills and performance — not their financial past.

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in Atlanta, Los Angeles and Philadelphia.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

About Kathryn Hettler

Kathryn Hettler is an Associate in Faruqi & Faruqi’s New York office. Kathryn’s practice is focused on employment litigation.