Bill Text: NY A06723 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A06723 Detail]

Download: New_York-2013-A06723-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6723
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2013
                                      ___________
       Introduced  by  M. of A. ROBINSON, MOSLEY, JAFFEE, SCARBOROUGH, DINOWITZ
         -- Multi-Sponsored by -- M. of A. GOTTFRIED, PERRY,  SWEENEY  --  read
         once and referred to the Committee on Governmental Operations
       AN  ACT  to amend the executive law, in relation to prohibiting unlawful
         hiring discrimination by employers and employment agencies based  upon
         an individual's unemployment status
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  296-c
    2  to read as follows:
    3    S  296-C.  UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO EMPLOYMENT
    4  AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS SECTION,  THE
    5  TERM  "UNEMPLOYMENT STATUS" SHALL MEAN AN INDIVIDUAL'S CURRENT OR RECENT
    6  UNEMPLOYMENT.
    7    2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE  FOR  AN  EMPLOYER,
    8  THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
    9  TO  BASE  AN  EMPLOYMENT DECISION WITH REGARD TO HIRING, COMPENSATION OR
   10  THE TERMS THEREOF, CONDITIONS OR PRIVILEGES OF EMPLOYMENT ON  THE  UNEM-
   11  PLOYMENT STATUS OF THE APPLICANT OR EMPLOYEE.
   12    3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER,
   13  THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
   14  FROM  PUBLISHING  IN PRINT OR ON THE INTERNET AN ADVERTISEMENT FOR A JOB
   15  VACANCY IN THIS STATE THAT CONTAINS A PROVISION:
   16    A. SETTING FORTH QUALIFICATIONS FOR A JOB VACANCY, INCLUDING  BUT  NOT
   17  LIMITED TO:
   18    (1)  HOLDING A CURRENT AND VALID PROFESSIONAL OR OCCUPATIONAL LICENSE,
   19  CERTIFICATE, REGISTRATION, PERMIT OR OTHER CREDENTIAL; OR
   20    (2) A MINIMUM LEVEL OF EDUCATION OR TRAINING, OR PROFESSIONAL, OCCUPA-
   21  TIONAL OR FIELD EXPERIENCE; OR
   22    B. STATING THAT ONLY APPLICANTS  WHO  ARE  CURRENT  EMPLOYEES  OF  THE
   23  EMPLOYER WILL BE CONSIDERED FOR THE POSITION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09573-03-3
       A. 6723                             2
    1    4.  AN  EMPLOYER  OR  EMPLOYMENT AGENCY THAT IS FOUND TO HAVE VIOLATED
    2  THIS SECTION BY THE COMMISSIONER OF LABOR SHALL BE ASSESSED SUCH PENALTY
    3  AS PROVIDED PURSUANT TO SECTION TWO HUNDRED NINETY-NINE OF THIS ARTICLE.
    4    S 2. This act shall take effect immediately.