Bill Text: NY A02067 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A02067 Detail]

Download: New_York-2009-A02067-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2067
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by M. of A. BENJAMIN, KOLB -- Multi-Sponsored by -- M. of A.
         HOOPER -- read once and referred  to  the  Committee  on  Governmental
         Operations
       AN  ACT to amend the executive law, in relation to prohibiting discrimi-
         nation in hiring based on credit scores
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 296 of the executive law is amended by adding a new
    2  subdivision 19-a to read as follows:
    3    19-A.  (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IT
    4  SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  OF  ANY  EMPLOYER,  LABOR
    5  ORGANIZATION,  EMPLOYMENT  AGENCY,  LICENSING  AGENCY, OR ITS EMPLOYEES,
    6  AGENTS, OR MEMBERS TO DIRECTLY OR INDIRECTLY USE AN APPLICANT'S PERSONAL
    7  CREDIT HISTORY AS HIRING CRITERIA.
    8    (B) AN EMPLOYER MAY REQUEST A CREDIT HISTORY BACKGROUND CHECK AS  PART
    9  OF  THE  APPLICATION OR PROMOTION PROCESS WHERE SUCH HISTORY IS SHOWN TO
   10  BE DIRECTLY RELATED TO THE OCCUPATIONAL POSITION SOUGHT BY THE APPLICANT
   11  OR EMPLOYEE. SUCH HISTORY SHALL NOT BE A DETERMINANT FACTOR  IN  WHETHER
   12  THE  APPLICANT  OR EMPLOYEE IS ULTIMATELY HIRED OR PROMOTED TO THE POSI-
   13  TION SOUGHT.
   14    (C) IF AN EMPLOYEE CONSENTS TO A CREDIT HISTORY  BACKGROUND  CHECK  AS
   15  PROVIDED  IN  PARAGRAPH (B) OF THIS SUBDIVISION, HE OR SHE MUST BE GIVEN
   16  AND SIGN AN AUTHORIZATION OF CONSENT FORM WHICH  EXPLICITLY  STATES  THE
   17  SPECIFIC  PURPOSE, USES AND LIMITATIONS OF THE CREDIT HISTORY BACKGROUND
   18  INFORMATION AS IT PERTAINS TO THE EMPLOYMENT POSITION SOUGHT.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05376-01-9