NY State Senate Bill 2011-S5427

Senate Bill S5427

2011-2012 Legislative Session

Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules notice of committee consideration - requested
Jan 04, 2012	referred to investigations and government operations
May 19, 2011	referred to investigations and government operations

2011-S5427 (ACTIVE) - Details

See Assembly Version of this Bill:: A7782
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3367, A4869
2015-2016: S2029, A2990
2017-2018: S2425, A2343
2019-2020: S1402, A3972
2021-2022: S4701, A2267
2023-2024: S4344, A1330

2011-S5427 (ACTIVE) - Summary

Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.

2011-S5427 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5427

TITLE OF BILL:
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

PURPOSE:
This bill will curtail unlawful discriminatory practices
against persons with criminal records and help to ensure that
employers abide by the provisions of Article 23-A of the correction
law.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Human Rights Law to provide that no
employer may ask about a criminal conviction unless such employer
first makes a conditional offer of employment. Such offer could then
be withdrawn in accordance with Article 23-A of the correction law
where there is a direct relationship between the employment and the
conviction and hiring the person would threaten public safety or
property.

Section 2 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.

JUSTIFICATION:
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective
ways to manage their reentry into the workforce is critical to
promoting public safety and curbing recidivism rates and the high
costs of reincarceration. Unfortunately, many employers maintain
blanket barriers to employment based solely on criminal conviction
records even when the conviction may be completely unrelated to the
job sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities
of the job or license sought are directly related to the conviction.
This bill will help to ensure that employers abide by the standards
of Article 23-A and do-not automatically disqualify applicants based
only on a criminal conviction.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Successful re-entry and re-integration of
formerly incarcerated individuals will increase state revenues through
the inclusion of thousands of able-bodied, "taxpaying citizens" to the
state's workforce; additional savings to the state will inure from a

reduction in costs associated with recidivism, re-incarceration and
social services.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act will take effect on the ninetieth day after
it shall have become law.

2011-S5427 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5427

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 19, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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:

  Section 1. Section 296 of the executive law is amended by adding a new
subdivision 15-a to read as follows:
  15-A.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY  PROSPECTIVE  EMPLOYER,
INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
INCLUDING THE STATE AND ANY POLITICAL SUBDIVISION THEREOF,  TO  MAKE  AN
INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
ACT UPON ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON,  ANY  CRIMINAL
CONVICTION  OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A CONDI-
TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
CONVICTION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF  THE  CORRECTION
LAW  WHERE  SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH TERM IS
DEFINED IN SUBDIVISION THREE OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
CORRECTION  LAW, TO THE SPECIFIC POSITION BEING OFFERED, OR THE GRANTING
OF SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR  TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11451-01-1

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