Assembly Bill A788

2023-2024 Legislative Session

Prohibits the use of credit history checks in certain cases

download bill text pdf

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Current Bill Status - Stricken

  • 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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2023-A788 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6405
2017-2018: A2956
2019-2020: A2149
2021-2022: A5693

2023-A788 (ACTIVE) - Summary

Prohibits 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.

2023-A788 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    788
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- 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.
                                                            LBD00724-01-3

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