BILL NUMBER:S2029

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be withdrawn in accordance with Article 23-A of the correction law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 re-incarceration. 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 23A 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.