Assembly Bill A4052

2011-2012 Legislative Session

Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists

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Archive: Last Bill Status - In Assembly 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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2011-A4052 (ACTIVE) - Details

See Senate Version of this Bill:
S7716
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2067, S2837
2013-2014: A2367, S5181

2011-A4052 (ACTIVE) - Summary

Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists.

2011-A4052 (ACTIVE) - Bill Text download pdf 

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

                                  4052

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  JEFFRIES,  KOLB, KAVANAGH, BENEDETTO, SPANO,
  GABRYSZAK, PEOPLES-STOKES, SCARBOROUGH, CRESPO, HOOPER --  Multi-Spon-
  sored  by -- M. of A. CALHOUN, CROUCH -- read once and referred to the
  Committee on Governmental Operations

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:

  Section 1. Section 296 of the executive law is amended by adding a new
subdivision 19-a to read as follows:
  19-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,  IT
SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE OF ANY EMPLOYER, LABOR
ORGANIZATION, EMPLOYMENT AGENCY, LICENSING  AGENCY,  OR  ITS  EMPLOYEES,
AGENTS  OR MEMBERS TO DIRECTLY OR INDIRECTLY USE AN APPLICANT'S PERSONAL
CREDIT HISTORY AS HIRING CRITERIA.
  (B) AN EMPLOYER MAY REQUEST A CREDIT HISTORY BACKGROUND CHECK AS  PART
OF  THE  APPLICATION OR PROMOTION PROCESS WHERE SUCH HISTORY IS SHOWN TO
BE DIRECTLY RELATED TO THE OCCUPATIONAL POSITION SOUGHT BY THE APPLICANT
OR EMPLOYEE. SUCH HISTORY SHALL NOT BE A DETERMINANT FACTOR  IN  WHETHER
THE  APPLICANT  OR EMPLOYEE IS ULTIMATELY HIRED OR PROMOTED TO THE POSI-
TION SOUGHT.
  (C) IF AN EMPLOYEE CONSENTS TO A CREDIT HISTORY  BACKGROUND  CHECK  AS
PROVIDED  IN PARAGRAPH (B) OF THIS SUBDIVISION, HE OR SHE SHALL BE GIVEN
AND SIGN AN AUTHORIZATION OF CONSENT FORM WHICH  EXPLICITLY  STATES  THE
SPECIFIC  PURPOSE, USES AND LIMITATIONS OF THE CREDIT HISTORY BACKGROUND
INFORMATION AS IT PERTAINS TO THE EMPLOYMENT POSITION SOUGHT.
  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

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