Senate Bill S6086A

2019-2020 Legislative Session

Relates to discrimination in the use of employment tests and selection procedures

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Archive: Last Bill Status - In Senate Committee Labor 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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Bill Amendments

2019-S6086 - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L

2019-S6086 - Summary

Relates to discrimination in the use of employment tests and selection procedures; mandates procedures to minimize instances of such discrimination.

2019-S6086 - Sponsor Memo

2019-S6086 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6086
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to discrimination in the  use
   of employment tests and selection procedures
 
   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  215-d  to
 read as follows:
   §  215-D. EMPLOYMENT TESTS AND SELECTION PROCEDURES. 1. IF AN EMPLOYER
 UTILIZES A TEST OR OTHER SELECTION PROCEDURE FOR PURPOSES OF  HIRING  OR
 PROMOTION,  SUCH EMPLOYER SHALL SELECT AND ADMINISTER SUCH TEST OR OTHER
 SELECTION PROCEDURE IN A MANNER WHICH BEST ENSURES THAT,  WHEN  ADMINIS-
 TERED  TO  APPLICANTS,  SUCH  TEST IS NOT DESIGNED, INTENDED, OR USED TO
 DISCRIMINATE, AND DOES NOT HAVE A DISCRIMINATORY EFFECT, ON THE BASIS OF
 AN APPLICANT'S RACE, ETHNIC GROUP, OR SEX. IN SELECTING OR ADMINISTERING
 SUCH TEST OR SELECTION PROCEDURE, SUCH EMPLOYER SHALL INVESTIGATE ALTER-
 NATIVE TESTS AND SELECTION PROCEDURES AND SHALL SELECT  THE  ALTERNATIVE
 THAT POSES THE LOWEST RISK OF DISCRIMINATORY IMPACT.
   2.  FOR  PURPOSES OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (A)
 OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX  OF  THE  EXECUTIVE
 LAW,  ANY  TEST  OR  OTHER  SELECTION  PROCEDURE USED BY AN EMPLOYER FOR
 PURPOSES OF HIRING OR PROMOTION SHALL BE DEEMED NOT TO  DISCRIMINATE  ON
 THE  BASIS  OF  A FINDING OF ADVERSE IMPACT AGAINST A SPECIFIC PROTECTED
 CLASS IF, FOR SUCH PROTECTED CLASS:
   (A) SUCH TEST OR SELECTION PROCEDURE UTILIZES A PRE-AUDITED ASSESSMENT
 TECHNOLOGY THAT, UPON USE, RESULTED IN AN  INCREASE  IN  THE  HIRING  OR
 PROMOTION OF SUCH PROTECTED CLASS BY FIVE PERCENT OR GREATER AS COMPARED
 TO THE PRE-IMPLEMENTATION WORKFORCE COMPOSITION OF SUCH PROTECTED CLASS;
   (B)  SUCH  EMPLOYER CONDUCTS AN ANNUAL EXAMINATION OF SUCH PRE-AUDITED
 ASSESSMENT TECHNOLOGY TO DETERMINE AND DOCUMENT WHETHER SUCH  TECHNOLOGY
 HAD AN ADVERSE IMPACT ON SUCH PROTECTED CLASS DURING THE AUDITED YEAR;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S6086A (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §215-d, Lab L

2019-S6086A (ACTIVE) - Summary

Relates to discrimination in the use of employment tests and selection procedures; mandates procedures to minimize instances of such discrimination.

2019-S6086A (ACTIVE) - Sponsor Memo

2019-S6086A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6086--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the labor law, in relation to discrimination in the use
   of employment tests and selection procedures

   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 215-d to
 read as follows:
   § 215-D. EMPLOYMENT TESTS AND SELECTION PROCEDURES. 1. IF AN  EMPLOYER
 UTILIZES  A  TEST OR OTHER SELECTION PROCEDURE FOR PURPOSES OF HIRING OR
 PROMOTION, SUCH EMPLOYER SHALL SELECT AND ADMINISTER SUCH TEST OR  OTHER
 SELECTION  PROCEDURE  IN A MANNER WHICH BEST ENSURES THAT, WHEN ADMINIS-
 TERED TO APPLICANTS, SUCH TEST IS NOT DESIGNED,  INTENDED,  OR  USED  TO
 DISCRIMINATE, AND DOES NOT HAVE A DISCRIMINATORY EFFECT, ON THE BASIS OF
 AN APPLICANT'S RACE, ETHNIC GROUP, OR SEX. IN SELECTING OR ADMINISTERING
 SUCH TEST OR SELECTION PROCEDURE, SUCH EMPLOYER SHALL INVESTIGATE ALTER-
 NATIVE  TESTS  AND SELECTION PROCEDURES AND SHALL SELECT THE ALTERNATIVE
 THAT POSES THE LOWEST RISK OF DISCRIMINATORY IMPACT.
   2. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION AND  PARAGRAPH  (A)
 OF  SUBDIVISION  ONE  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
 LAW, ANY TEST OR OTHER SELECTION  PROCEDURE  USED  BY  AN  EMPLOYER  FOR
 PURPOSES  OF  HIRING OR PROMOTION SHALL BE DEEMED NOT TO DISCRIMINATE ON
 THE BASIS OF A FINDING OF ADVERSE IMPACT AGAINST  A  SPECIFIC  PROTECTED
 CLASS IF, FOR SUCH PROTECTED CLASS:
   (A) SUCH TEST OR SELECTION PROCEDURE UTILIZES A PRE-AUDITED ASSESSMENT
 TECHNOLOGY  THAT,  UPON  USE,  RESULTED  IN AN INCREASE IN THE HIRING OR
 PROMOTION OF SUCH PROTECTED CLASS BY FIVE PERCENT OR GREATER AS COMPARED
 TO THE PRE-IMPLEMENTATION WORKFORCE COMPOSITION OF SUCH PROTECTED CLASS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11804-02-9
              

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