Senate Bill S3367

2013-2014 Legislative Session

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

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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-S3367 (ACTIVE) - Details

See Assembly Version of this Bill:
A4869
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5427, A7782
2015-2016: S2029, A2990
2017-2018: S2425, A2343
2019-2020: S1402, A3972
2021-2022: S4701, A2267
2023-2024: S4344, A1330

2013-S3367 (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.

2013-S3367 (ACTIVE) - Sponsor Memo

2013-S3367 (ACTIVE) - Bill Text download pdf 

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

                                  3367

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, KRUEGER, MONTGOMERY -- 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.
                                                           LBD06254-01-3

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