Assembly Bill A2149

2019-2020 Legislative Session

Relates to prohibiting the use of credit history checks in certain cases

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A2149 (ACTIVE) - Details

See Senate Version of this Bill:
S4700
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6405
2017-2018: A2956
2021-2022: A5693
2023-2024: A788, A8997

2019-A2149 (ACTIVE) - Summary

Relates to prohibiting the use of credit history checks to ascertain the payment status of a student loan of an applicant for employment for the purposes of making hiring decisions except where otherwise mandated by law.

2019-A2149 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2149
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. JOYNER, COOK, GOTTFRIED, GUNTHER, SIMON -- read
   once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to prohibiting  student  loan
   payment history checks in making employment decisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  219-d  to
 read as follows:
   §  219-D.  STUDENT  LOAN  PAYMENT  HISTORY;  EMPLOYMENT.  1. EXCEPT AS
 PROVIDED IN THIS SECTION AND IN THOSE CASES OTHERWISE MANDATED  BY  LAW,
 IT  SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE FOR AN EMPLOYER TO
 REQUEST OR TO USE FOR EMPLOYMENT PURPOSES INFORMATION CONTAINED  IN  THE
 CONSUMER CREDIT HISTORY INDICATING THE PAYMENT STATUS OF A STUDENT LOAN,
 AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION SIXTEEN HUNDRED SEVENTY-
 SIX OF THE PUBLIC AUTHORITIES LAW, OF AN  APPLICANT  FOR  EMPLOYMENT  OR
 OTHERWISE  DISCRIMINATE  AGAINST  SUCH  APPLICANT  WITH REGARD TO HIRING
 DECISIONS.
   2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT  HISTO-
 RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI-
 NESS,  CREDIT  STANDING,  OR CREDIT CAPACITY, INCLUDING, BUT NOT LIMITED
 TO, AN INDIVIDUAL'S CREDIT SCORE,  CREDIT  ACCOUNT  AND  OTHER  CONSUMER
 ACCOUNT BALANCES, AND PAYMENT HISTORY.
   3. THIS SECTION SHALL NOT APPLY TO AN EMPLOYER, OR AGENT THEREOF, THAT
 IS  REQUIRED BY STATE OF FEDERAL LAW OR REGULATIONS OR BY A SELF-REGULA-
 TORY ORGANIZATION, AS DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (A)
 OF SECTION THREE OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED,  TO
 USE AN INDIVIDUAL'S CONSUMER CREDIT HISTORY FOR EMPLOYMENT PURPOSES.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00177-01-9

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