Bill Text: NY S03367 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 3367 (Prior Session Legislation)

Introduced

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.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03367 Detail]

Download: New_York-2013-S03367-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3367
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by Sens. HASSELL-THOMPSON, KRUEGER, MONTGOMERY -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Investigations and Government Operations
       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   11  EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL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    S 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.
                                                                  LBD06254-01-3