S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7716
                                   I N  S E N A T E
                                     June 15, 2012
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the executive law, in relation to prohibiting  discrimi-
         nation in hiring based on credit scores
         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 19-a to read as follows:
    3    19-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,  IT
    4  SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE OF ANY EMPLOYER, LABOR
    5  ORGANIZATION, EMPLOYMENT AGENCY, LICENSING  AGENCY,  OR  ITS  EMPLOYEES,
    6  AGENTS  OR MEMBERS TO DIRECTLY OR INDIRECTLY USE AN APPLICANT'S PERSONAL
    7  CREDIT HISTORY AS HIRING CRITERIA.
    8    (B) AN EMPLOYER MAY REQUEST A CREDIT HISTORY BACKGROUND CHECK AS  PART
    9  OF  THE  APPLICATION OR PROMOTION PROCESS WHERE SUCH HISTORY IS SHOWN TO
   10  BE DIRECTLY RELATED TO THE OCCUPATIONAL POSITION SOUGHT BY THE APPLICANT
   11  OR EMPLOYEE. SUCH HISTORY SHALL NOT BE A DETERMINANT FACTOR  IN  WHETHER
   12  THE  APPLICANT  OR EMPLOYEE IS ULTIMATELY HIRED OR PROMOTED TO THE POSI-
   13  TION SOUGHT.
   14    (C) IF AN EMPLOYEE CONSENTS TO A CREDIT HISTORY  BACKGROUND  CHECK  AS
   15  PROVIDED  IN PARAGRAPH (B) OF THIS SUBDIVISION, HE OR SHE SHALL BE GIVEN
   16  AND SIGN AN AUTHORIZATION OF CONSENT FORM WHICH  EXPLICITLY  STATES  THE
   17  SPECIFIC  PURPOSE, USES AND LIMITATIONS OF THE CREDIT HISTORY BACKGROUND
   18  INFORMATION AS IT PERTAINS TO THE EMPLOYMENT POSITION SOUGHT.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04167-01-1