Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to investigations and government operations |
May 14, 2013 |
referred to investigations and government operations |
Senate Bill S5181
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
co-Sponsors
(D, WF) 28th Senate District
2013-S5181 (ACTIVE) - Details
2013-S5181 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5181 TITLE OF BILL: An act to amend the executive law, in relation to prohibiting discrimination in hiring based on credit scores PURPOSE: This legislation would prohibit the use of a job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists. SUMMARY OF PROVISIONS: Section 1. Section 296 of the executive law is amended by adding a new subdivision 19-a. This section prohibits the use of credit scores as hiring criteria for employers, unless this information is directly related to the occupational position sought by the applicant or employee. If an employee consents to a credit history background check, he or she must be given and sign an authorization or 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. JUSTIFICATION: During difficult economic times, individuals seeking employment deserve to be evaluated on their ability to perform the duties of the
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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.