Are residency requirements legal for a non-competitive job?

Can a employer mandate where you live when it is a non-competitive and non-elective job ?

I am a county worker and live outside of the county I work in.

Thank you.

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Municipal residency requirements are legal but wai

My office is just outside New York City, and this has been an issue for years.

The short answer to your question is YES.

Often, municipal employers grant waivers for various reasons. You might want to ask about that. Waivers are granted because of, for example, unique, difficult to fill skills, or for hardship.

Incidentally, municipal employers which have adopted residency requirements, in the long run, seem to become very lax about enforcing the rule, and seem to almost routinely grant waivers. That is probably because, by restricting their pool of candidates to residents, and restricting where their employees may live, municipal employers find it increasingly difficult to attract and keep qualified candidates for employment.

I hope this helps.

Sincerely,

David M. Lira

posted by David M. Lira  |  Feb 19, 2001 4:06 PM [EST]

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