Bill Text: NY A02267 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A02267 Detail]

Download: New_York-2021-A02267-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2267

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. AUBRY, BRONSON, DE LA ROSA, WEPRIN -- read once
          and referred to the Committee on Correction

        AN ACT to amend the executive law, in relation to requiring employers to
          make a conditional offer of  employment  before  inquiring  about  any
          criminal convictions of a prospective employee

          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 15-a to read as follows:
     3    15-a. It shall be an unlawful discriminatory practice, unless  specif-
     4  ically  required  or permitted by statute, for any prospective employer,
     5  including  any  person,  agency,  bureau,  corporation  or  association,
     6  including  the  state  and any political subdivision thereof, to make an
     7  inquiry about, whether in any form of application or  otherwise,  or  to
     8  act  upon  adversely to the individual involved based upon, any criminal
     9  conviction of such individual unless such employer first makes a  condi-
    10  tional offer of employment to such individual. Such conditional offer of
    11  employment may only subsequently be withdrawn on the basis of a criminal
    12  conviction  in  accordance with article twenty-three-A of the correction
    13  law where such conviction bears a direct relationship, as such  term  is
    14  defined  in  subdivision  three  of  section  seven hundred fifty of the
    15  correction law, to the specific position being offered, or the  granting
    16  of  such employment would involve an unreasonable risk to property or to
    17  the safety or welfare of specific individuals or the general public.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00416-01-1