Bill Text: NY S04344 | 2023-2024 | General Assembly | Introduced

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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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04344 Detail]

Download: New_York-2023-S04344-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4344

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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    11  employment may only subsequently be withdrawn on the basis of a criminal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    §  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.
                                                                   LBD03890-01-3