Bill Text: NY A10118 | 2021-2022 | General Assembly | Introduced

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Bill Title: Directs the department of civil service to conduct a study on competitive examinations for public employment held by the state department of civil service and by municipal commissions to determine whether the contents of such examinations have a discriminatory effect on minority examinees; requires a report on such findings to be delivered to the governor and legislature.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-04-29 - referred to governmental employees [A10118 Detail]

Download: New_York-2021-A10118-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10118

                   IN ASSEMBLY

                                     April 29, 2022
                                       ___________

        Introduced  by M. of A. MEEKS -- read once and referred to the Committee
          on Governmental Employees

        AN ACT to direct the department of civil service to conduct a  study  on
          competitive  examinations  for  public employment to determine whether
          the contents of such examinations  have  a  discriminatory  effect  on
          minority  examinees;  and  providing  for the repeal of such provision
          upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. For the purposes of this act the following terms shall have
     2  the following meanings:
     3    (a)  "agency"  means  any department, board, bureau, commission, divi-
     4  sion, office, council, committee, public benefit corporation  or  public
     5  authority at least one of whose members is appointed by the governor.
     6    (b)  "competitive  examination"  means  competitive  examinations  for
     7  public employment held by the state department of civil service  and  by
     8  municipal  commissions,  as  such  term is defined by section two of the
     9  civil service law.
    10    § 2. (a) The department of civil service  shall  conduct  a  study  on
    11  competitive examinations for public employment held by the state depart-
    12  ment  of civil service and by municipal commissions to determine whether
    13  the contents of such examinations have a discriminatory effect on minor-
    14  ity examinees.
    15    (b) Such study shall include, but not be limited to:
    16    (i) the total number of minority and non-minority competitive examina-
    17  tion examinees;
    18    (ii) a comparison of  competitive  examination  results  for  minority
    19  examinees compared to non-minority examinees;
    20    (iii) an agency by agency, and municipality by municipality, breakdown
    21  containing the percentage of minority employees hired each year compared
    22  to non-minorities;
    23    (iv)  an  investigation on the questions and other contents of compet-
    24  itive examinations to determine whether  any  such  questions  or  other
    25  contents  have  or could have a discriminatory effect on minority exami-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14457-01-2
        A. 10118                            2

     1  nees compared to non-minority examinees, and if so, the nature  of  such
     2  discriminatory effect;
     3    (v)  an investigation of ancillary factors contributing to competitive
     4  examinations  having  a  discriminatory  effect  on  minority  examinees
     5  compared to non-minority examinees, including, but not limited to acces-
     6  sibility  to  competitive examination locations, times competitive exam-
     7  inations are held, accessibility to competitive examination  preparation
     8  courses and study materials, and technological barriers; and
     9    (vi)  any  other  information the president of the department of civil
    10  service shall deem necessary.
    11    § 3. The department of civil service may request, and is authorized to
    12  receive, any information from any agency that is relevant  and  material
    13  to  the  completion  of  the  study  under section two of this act. Such
    14  information received by the department of civil service shall be subject
    15  to the same requirements for confidentiality and limitations on use,  if
    16  any,  as are applicable to such agency's use of such information and may
    17  only be utilized by the department and the commissioner of civil service
    18  for purposes authorized by this act.
    19    § 4. No later than one year after the effective date of this act,  the
    20  state department of civil service shall deliver a report of its findings
    21  of the study conducted pursuant to section two of this act to the gover-
    22  nor, the temporary president of the senate, the speaker of the assembly,
    23  the minority leader of the senate, and the minority leader of the assem-
    24  bly.  The contents of such report shall not contain the personally iden-
    25  tifiable information of any individual.
    26    § 5. This act shall take effect immediately and shall  expire  and  be
    27  deemed repealed two years after such date.