Discrimination in Plain Sight:

Rethinking Job Applications in New York State

In a time when we champion diversity, inclusion, and equal opportunity, it’s alarming how common job applications still ask questions that can lead to discrimination before a candidate even sets foot in an interview. This practice undermines the principles of fairness, and it’s time we reconsider what is truly relevant when evaluating someone’s qualifications for employment, especially in New York State, which prides itself on being a national leader in civil rights protections.

Many applications still ask for the year you graduated from high school or college, a question that can be a proxy for determining your age. While age itself may not be directly asked, employers can easily infer it. This opens the door to age discrimination, which is illegal under both federal and New York State law. According to the New York State Human Rights Law (NYSHRL), employers cannot discriminate based on age for individuals aged 18 and older. Yet, the continued presence of graduation dates subtly violates the spirit of that law.

Applications often request information about your gender or ask you to select from a list of gender identities. In some cases, employers may also ask about your sexual orientation, either directly or through optional diversity surveys. While such questions may be framed as part of “equal opportunity” or “voluntary identification” efforts, they can still influence bias, consciously or unconsciously, in the hiring process.

In New York State, discrimination based on gender identity or expression and sexual orientation is illegal. The Gender Expression Non-Discrimination Act (GENDA) and other updates to the NYSHRL make it clear: who you are wether it be male, female, nonbinary, heterosexual, gay, or otherwise should have no bearing on your fitness for a job. Yet, the data shows disparities persist, and unnecessary pre-employment questions are part of the problem.

Job applications also typically ask for your race or ethnicity, which like gender and sexual orientation is often justified as a tool for EEO compliance. But even if presented as “voluntary,” this data can subtly shape hiring decisions. If we are truly committed to a colorblind, bias-free hiring process, then demographic information should be segregated from hiring decisions entirely, with strict oversight.

Even if these questions are asked for data collecting alone it is wrong and one must ask for what purpose is it being collected? Why do we need to know how many white people are applying for jobs or gender neutral people? What purpose does that serve on their ability to perform a job? With that said though it is Informed NY’s opinion that there are reasons for asking about disability and veteran status. Questions about disability status or veteran status often exist to help candidates receive protections, accommodations, or access to programs designed to support them. Veterans bring leadership, discipline, and unique skill sets from their military experience. People with disabilities may be entitled to reasonable accommodations to perform essential job functions. These questions, when handled properly, support inclusion rather than threaten it.

New York has some of the strongest anti-discrimination laws in the country. But laws alone aren’t enough. Employers must examine their hiring practices, particularly their application forms, to ensure they’re not inadvertently promoting bias. It’s time New York leads again by eliminating pre-hiring questions that open the door to discrimination. Talent, character, and capability are what matter not age, gender, race, or orientation. If we’re serious about equal opportunity, it needs to start with the first click of the application.