NY State Senate Bill 2023-S1568

Senate Bill S1568

2023-2024 Legislative Session

Prohibits 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

download bill text pdf

Current 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, 2024	referred to investigations and government operations
Jan 12, 2023	referred to investigations and government operations

2023-S1568 (ACTIVE) - Details

See Assembly Version of this Bill:: A3726
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7735
2021-2022: S8621, A3344

2023-S1568 (ACTIVE) - Summary

Prohibits 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.

2023-S1568 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1568

SPONSOR: SALAZAR
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits employers from inquiring regarding the arrest record
or conviction record of any individual in the process of applying or
interviewing for employment.

 
SUMMARY OF PROVISIONS:

Section 1: amends Section 296 of the executive law (the NYS Human Rights
Law) by adding a new subdivision 23 that will make it an unlawful
discriminatory practice to inquire about an applicant's arrest or
conviction record during the application and interview process. This

includes searching publicly available records. The applicant need not
answer such questions. This law does not modify or amend any state,
federal or local law that requires criminal background checks for
employment purposes or bars employment based on criminal history. After
a job offer is made, the employer has the right to inquire about such
criminal record. If the offer is rescinded, a written letter stating the
reason must be presented to the applicant.

Section 2: This act will take effect immediately.

 
JUSTIFICATION:

Recidivism is a national issue that continues to plague communities of
color as well as other communities and individuals impacted by the
corrections system and is one of the reasons why the US has the highest
incarcerated population in the world. A study done by the National
Institute of Justice shows that two-thirds of released incarcerated
individuals were rearrested within three years of release, and about
three-quarters were rearrested within five years.

Recidivism has many causes, including, for some, difficulties encount-
ered by formerly incarcerated individuals in obtaining jobs.  In 2022,
some of the main contributions to unemployment amongst formerly incar-
cerated individuals are harsh Parole conditions, lack of effective
social welfare programming, and the current job market.  The Prison
Policy Initiative reported in 2022 that the average time it takes for a
formerly incarcerated individual to find employment after release is
about 6 months, and even after that the majority are earning 53% of the
average US worker's wage. These wages were the lowest amongst African
American and Native American formerly incarcerated individuals.(1)
Through this legislation, which will prohibit employers from inquiring
about arrest/conviction records of their applicants, discrimination in
the hiring process will be avoided, and applicants will be judged on
their merits, creating greater opportunities for success post release.
Lowering the barriers for formerly incarcerated persons to obtain
employment, will help ensure that they will not be further involved in
the criminal legal system and that they can, instead, work within the
community and become valuable members of our communities. This multifac-
eted issue has many layers that prevent employment for formerly incar-
cerated individuals, and it is crucial that New York prioritize the safe
and effective reentry of these individuals to reduce recidivism rates
and mass incarceration, increase contribution to society, and most
importantly, to provide these individuals with an opportunity for
success post-release.

 
LEGISLATIVE HISTORY:

SENATE:

2022: S8621 (Salazar)- Referred to Investigations and Government Oper-
ations

ASSEMBLY:

2019-2020: A7735 (Fernandez)- Referred to Correction

2021-2022: A3344 (Fernandez)- Referred to Correction

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately (1)
https://www.prisonpolicy.orgiblog/2022/02/08/employment/

2023-S1568 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1568
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  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.
                                                            LBD00660-01-3
 S. 1568                             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.

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