Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S315
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S315 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A531
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add ยง79-n, Civ Rts L
- Versions Introduced in 2011-2012 Legislative Session:
-
S238, A2380
2009-S315 (ACTIVE) - Summary
Provides civil immunity for certain employers who provide information relating to a former employee to a prospective employer, nursing home or elder care facility unless such information is knowingly false or misleading or violates a state or federal law; provides that if evidence is established that the information the former employer gave was knowingly false by such employer to the prospective employer about the former employee, a civil liability will be upheld.
2009-S315 (ACTIVE) - Sponsor Memo
BILL NUMBER: S315 TITLE OF BILL : An act to amend the civil rights law, in relation to employer reference immunity PURPOSE : To provide for immunity for employers of nursing homes and elder care facilities that provide information about a former employee to a prospective employer. SUMMARY OF PROVISIONS : Amends the Civil Rights Law by adding a new section 79-n which states, "An employer of a nursing home or health care facility may disclose any information about a former employee to the former employee's prospective employer." An employer who discloses information under this section in good faith shall be immune from any civil liability for the disclosure. However, if evidence is established that the information the former employer gave was knowingly false by said employer to the prospective employer about the former employee, a civil liability will be upheld. JUSTIFICATION : This act will give immunity to health care or nursing home employers who are asked about a former employee's work history. In some cases
2009-S315 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 315 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to employer reference immunity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 79-n to read as follows: S 79-N. EMPLOYER REFERENCE IMMUNITY. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO AS A VOLUNTEER OR FOR COMPEN- SATION PROVIDES LABOR IN A NURSING HOME OR OTHER ELDER CARE FACILITY. (B) "EMPLOYER" MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY WHO EMPLOYS AN INDIVIDUAL FOR COMPENSATION OR WHO SUPERVISES AN INDIVIDUAL PROVIDING LABOR AS A VOLUNTEER. (C) "PROSPECTIVE EMPLOYER" MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY TO WHOM AN EMPLOYEE OR FORMER EMPLOYEE HAS SUBMITTED AN APPLI- CATION FOR EMPLOYMENT. 2. A NURSING HOME OR OTHER ELDER CARE FACILITY, MAY DISCLOSE TO AN EMPLOYEE OR THAT INDIVIDUAL'S PROSPECTIVE EMPLOYER INFORMATION RELATING TO THE INDIVIDUAL'S JOB PERFORMANCE THAT IS DOCUMENTED IN THE INDIVID- UAL'S PERSONNEL FILE UPON THE REQUEST OF THE INDIVIDUAL OR HIS OR HER PROSPECTIVE EMPLOYER. AN EMPLOYER WHO DISCLOSES INFORMATION UNDER THIS SECTION IN GOOD FAITH IS IMMUNE FROM CIVIL LIABILITY FOR THE DISCLOSURE. AN EMPLOYER IS PRESUMED TO BE ACTING IN GOOD FAITH AT THE TIME OF A DISCLOSURE UNDER THIS SECTION UNLESS A PREPONDERANCE OF THE EVIDENCE ESTABLISHES ONE OR MORE OF THE FOLLOWING: (A) THAT THE EMPLOYER KNEW THE INFORMATION DISCLOSED WAS FALSE OR MISLEADING, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01230-01-9
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