S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3344
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ,  REYES, CRUZ, SAYEGH, DE LA ROSA,
   SIMON, WILLIAMS, EPSTEIN, PICHARDO, BARRON, DARLING, HYNDMAN, NIOU  --
   Multi-Sponsored  by -- M. of A. O'DONNELL -- read once and referred to
   the Committee on Correction
 
 AN ACT to amend the executive law, in relation  to  prohibiting  certain
   inquiries  or  statements  related  to the arrest record or conviction
   record of any person who is in the process of applying for  employment
   or interviewing for employment
 
   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 23 to read as follows:
   23. (A) IT SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY
 EMPLOYER,  EMPLOYMENT  AGENCY  OR  AGENT  THEREOF TO MAKE ANY INQUIRY OR
 STATEMENT RELATED TO THE ARREST  RECORD  OR  CONVICTION  RECORD  OF  ANY
 PERSON  WHO IS IN THE PROCESS OF APPLYING FOR EMPLOYMENT OR INTERVIEWING
 FOR EMPLOYMENT WITH SUCH EMPLOYER OR AGENT THEREOF. FOR PURPOSES OF THIS
 SUBDIVISION "ANY INQUIRY" MEANS ANY QUESTION COMMUNICATED TO  AN  APPLI-
 CANT  IN  WRITING  OR  OTHERWISE,  OR ANY SEARCHES OF PUBLICLY AVAILABLE
 RECORDS OR CONSUMER REPORTS  THAT  ARE  CONDUCTED  FOR  THE  PURPOSE  OF
 OBTAINING  AN  APPLICANT'S CRIMINAL BACKGROUND INFORMATION. FOR PURPOSES
 OF THIS SUBDIVISION, "ANY STATEMENT" MEANS A STATEMENT  COMMUNICATED  IN
 WRITING  OR  OTHERWISE  TO  THE  APPLICANT  FOR PURPOSES OF OBTAINING AN
 APPLICANT'S CRIMINAL BACKGROUND INFORMATION  REGARDING:  (I)  AN  ARREST
 RECORD; (II) A CONVICTION RECORD; OR (III) A CRIMINAL BACKGROUND CHECK.
   (B)  AN  APPLICANT  SHALL NOT BE REQUIRED TO RESPOND TO ANY INQUIRY OR
 STATEMENT THAT VIOLATES  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  AND  ANY
 REFUSAL  TO RESPOND TO SUCH INQUIRY OR STATEMENT SHALL NOT DISQUALIFY AN
 APPLICANT FROM THE PROSPECTIVE EMPLOYMENT.
   (C) THIS SUBDIVISION SHALL NOT  APPLY  TO  ANY  ACTIONS  TAKEN  BY  AN
 EMPLOYER  OR  AGENT  THEREOF PURSUANT TO ANY STATE, FEDERAL OR LOCAL LAW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05454-01-1

 A. 3344                             2
 
 THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES OR BARS
 EMPLOYMENT BASED ON CRIMINAL HISTORY.
   (D)  (I)  UPON  EXTENDING  A  JOB  OFFER TO AN APPLICANT, AN EMPLOYER,
 EMPLOYMENT AGENCY OR AGENT THEREOF MAY PERFORM AN INQUIRY RELATED TO THE
 ARREST RECORD OR CONVICTION RECORD OF THE RECIPIENT OF SUCH JOB OFFER.
   (II) IF SUCH AN EMPLOYER, EMPLOYMENT AGENCY OR AGENT THEREOF REVOKES A
 JOB OFFER BASED ON THE RESULT OF AN INQUIRY RELATED TO THE ARREST RECORD
 OR CONVICTION RECORD OF THE RECIPIENT OF A JOB OFFER, THE EMPLOYER SHALL
 PROVIDE A WRITTEN EXPLANATION OF THE REASON SUCH OFFER IS BEING REVOKED.
 SUCH WRITTEN EXPLANATION SHALL INCLUDE A  PRINTED  COPY  OF  ANY  REPORT
 INDICATING  THE ARREST RECORD OR CONVICTION RECORD OF THE RECIPIENT OF A
 JOB OFFER.
   (III) AN APPLICANT HAVING A JOB OFFER REVOKED PURSUANT TO THIS  SUBDI-
 VISION SHALL HAVE FIVE BUSINESS DAYS TO RESPOND TO THE REPORT INDICATING
 THE ARREST RECORD OR CONVICTION RECORD OF SUCH APPLICANT.
   § 2. This act shall take effect immediately.