Senate Bill S5181

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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2013-S5181 (ACTIVE) - Details

See Assembly Version of this Bill:
A2367
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2837, A2067
2011-2012: S7716, A4052

2013-S5181 (ACTIVE) - Summary

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

2013-S5181 (ACTIVE) - Sponsor Memo

2013-S5181 (ACTIVE) - Bill Text download pdf

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

                                  5181

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 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.
                                                           LBD05502-01-3


              

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