Bill Text: NY S04700 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to prohibiting the use of credit history checks to ascertain the payment status of a student loan of an applicant for employment for the purposes of making hiring decisions except where otherwise mandated by law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-21 - REFERRED TO LABOR [S04700 Detail]

Download: New_York-2019-S04700-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 21, 2019
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the labor law, in relation to prohibiting  student  loan
          payment history checks in making employment decisions
          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  219-d  to
     2  read as follows:
     3    §  219-d.  Student  loan  payment  history;  employment.  1. Except as
     4  provided in this section and in those cases otherwise mandated  by  law,
     5  it  shall  be  an  unlawful  discriminatory  practice for an employer to
     6  request or to use for employment purposes information contained  in  the
     7  consumer credit history indicating the payment status of a student loan,
     8  as  defined  in subdivision fourteen of section sixteen hundred seventy-
     9  six of the public authorities law, of an  applicant  for  employment  or
    10  otherwise  discriminate  against  such  applicant  with regard to hiring
    11  decisions.
    12    2. For the purposes of this section, the term "consumer credit  histo-
    13  ry" shall mean any information bearing on an individual's credit worthi-
    14  ness,  credit  standing,  or credit capacity, including, but not limited
    15  to, an individual's credit score,  credit  account  and  other  consumer
    16  account balances, and payment history.
    17    3. This section shall not apply to an employer, or agent thereof, that
    18  is  required by state of federal law or regulations or by a self-regula-
    19  tory organization, as defined in paragraph twenty-six of subdivision (a)
    20  of section three of the securities exchange act of 1934, as amended,  to
    21  use an individual's consumer credit history for employment purposes.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.