NY State Senate Bill 2017-S2425A

Senate Bill S2425A

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 18, 2017	print number 2425a
Jan 18, 2017	amend and recommit to investigations and government operations
Jan 13, 2017	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2017-S2425 - Details

See Assembly Version of this Bill:: A2343
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5427, A7782
2013-2014: S3367, A4869
2015-2016: S2029, A2990
2019-2020: S1402, A3972
2021-2022: S4701, A2267
2023-2024: S4344, A1330

2017-S2425 - 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.

2017-S2425 - Sponsor Memo

                                 BILL NUMBER:  S2425

 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be withdrawn in accordance with Article 23-A of the correction law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 sixtieth day after it shall have
become law.

2017-S2425 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2425
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-02-7

co-Sponsors

2017-S2425A (ACTIVE) - Details

See Assembly Version of this Bill:: A2343
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5427, A7782
2013-2014: S3367, A4869
2015-2016: S2029, A2990
2019-2020: S1402, A3972
2021-2022: S4701, A2267
2023-2024: S4344, A1330

2017-S2425A (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.

2017-S2425A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2425A

 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 ensure 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.

2017-S2425A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2425--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 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.
   §  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.
                                                            LBD08007-03-7

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