Bill Text: NY A07204 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to labor [A07204 Detail]

Download: New_York-2013-A07204-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7204
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 7, 2013
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES, MOSLEY -- Multi-Sponsored 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.
                                                                  LBD10562-01-3
       A. 7204                             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.