Bill Text: NY A02556 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 2556 (Prior Session Legislation)

Introduced

Bill Title: Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A02556 Detail]

Download: New_York-2015-A02556-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2556
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of A. PEOPLES-STOKES, MOSLEY, ROBERTS -- Multi-Spon-
         sored by -- M. of A.  BRENNAN, COOK, PERRY, WRIGHT --  read  once  and
         referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to prohibiting employers from
         inquiring  about an applicant's criminal arrests or convictions during
         the application process
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The labor law is amended by adding a new section 201-g to
    2  read as follows:
    3    S 201-G. PROHIBITION AGAINST UNFAIR DISCRIMINATION AGAINST  APPLICANTS
    4  FOR  LICENSING  OR  FOR  EMPLOYMENT  PREVIOUSLY ARRESTED OR CONVICTED OF
    5  CRIMINAL OFFENSES. 1. IN CONNECTION WITH THE LICENSING OR EMPLOYMENT  OF
    6  ANY PERSON, NO EMPLOYER SHALL KNOWINGLY AND INTENTIONALLY:
    7    A.  MAKE  ANY  INQUIRY  ABOUT  OR  TAKE ANY ADVERSE ACTION AGAINST ANY
    8  PERSON ON THE BASIS OF ANY ARREST OR CRIMINAL  ACCUSATION  MADE  AGAINST
    9  SUCH PERSON, WHICH IS NOT THEN PENDING AGAINST THAT PERSON AND WHICH DID
   10  NOT RESULT IN A CONVICTION; OR
   11    B.  REQUIRE  ANY  PERSON  TO DISCLOSE OR REVEAL ANY ARREST OR CRIMINAL
   12  ACCUSATION MADE AGAINST SUCH PERSON WHICH IS NOT  THEN  PENDING  AGAINST
   13  THAT PERSON AND WHICH DID NOT RESULT IN A CONVICTION.
   14    2.  IN  CONNECTION  WITH THE LICENSING OR EMPLOYMENT OF ANY PERSON, NO
   15  EMPLOYER SHALL KNOWINGLY OR INTENTIONALLY:
   16    A. MAKE ANY INQUIRY REGARDING OR REQUIRE ANY  PERSON  TO  DISCLOSE  OR
   17  REVEAL  ANY  CRIMINAL  CONVICTIONS  DURING  THE APPLICATION PROCESS. THE
   18  APPLICATION PROCESS SHALL BEGIN WHEN THE APPLICANT  INQUIRES  ABOUT  THE
   19  EMPLOYMENT  BEING  SOUGHT AND SHALL END WHEN AN EMPLOYER HAS ACCEPTED AN
   20  EMPLOYMENT APPLICATION; OR
   21    B. MAKE ANY INQUIRY REGARDING OR  REQUIRE  A  PERSON  TO  DISCLOSE  OR
   22  REVEAL  ANY  CRIMINAL  CONVICTIONS AGAINST SUCH PERSON BEFORE AND DURING
   23  THE FIRST INTERVIEW. IF AN EMPLOYER CONDUCTS AN INTERVIEW, THE  EMPLOYER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01406-01-5
       A. 2556                             2
    1  IS  PROHIBITED  FROM  MAKING  ANY INQUIRIES OR GATHERING ANY INFORMATION
    2  REGARDING THE APPLICANT'S CRIMINAL CONVICTIONS. IF THE APPLICANT  VOLUN-
    3  TARILY   DISCLOSES   ANY  INFORMATION  REGARDING  HIS  OR  HER  CRIMINAL
    4  CONVICTIONS  AT  THE  INTERVIEW,  THE  EMPLOYER MAY DISCUSS THE CRIMINAL
    5  CONVICTION DISCLOSED BY THE APPLICANT.
    6    S 2. This act shall take effect immediately.