BILL NUMBER: S2449

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting an employ-
er, licensing agency or employment agency from requesting or requiring
that a prospective employee disclose his or her age, date of birth or
date of graduation from an educational institution on an initial employ-
ment application or during an interview, except in the case of a bona
fide occupational qualification or need

 
PURPOSE:

Prohibits an employer, licensing agency or employment agency from
requesting or requiring that a prospective employee disclose his or her
age, date of birth or date of graduation

 
SUMMARY OF PROVISIONS:

Section 1: Amends Subdivision 3-a of section 296 of the executive law by
adding a new paragraph (a-1)
              

Section 2: Establishes the effective date and amends and/or repeals any
rule of regulation necessary for the implantation of this act.

 
JUSTIFICATION:

According to the US Census, over the past decade, the number of New
Yorkers aged 50 and over increased by 13 percent, making up a larger
share of the state's population than ever before. After 50, many older
adults find it challenging to find a job but some want to continue work-
ing, and others need to work to make ends meet. However, age discrimi-
nation is a significant factor in preventing older adults from finding
jobs, and staying employed. Older adults want to continue working, and
some need to work to make ends meet. However, age discrimination is a
significant factor in preventing older adults from finding jobs, and
staying employed. Older adult advocates and legal experts familiar with
age discrimination litigation believe prohibiting employers from asking
about a job applicant's age and graduation dates during the hiring proc-
ess are important first steps to eliminating age discrimination in
hiring. A 2018 study of age discrimination by the U.S. Equal Employment
Opportunity Commission stressed the importance of hiring and retention
practices in-addressing age discrimination.

Asking someone's age is the easiest way to discriminate against hiring
older people. Age is just a number, and does not predicate if a person
is qualified for a job and has the requisite skills needed to perform a
job well. Furthermore, since an increasing number of job applications
are submitted online, asking for a date of birth (DOB) or graduation
dates allows employers to easily identify and omit older applicants from
the qualified applicant pool if they wish to do so.

The state of Connecticut will introduce similar legislation prohibiting
employers asking about age or graduation date on a job application. The
proposed amendment to the NYS Human Rights Law would prohibit asking
questions about an applicant's age or graduation date during the job.
application process as well.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.1480/A.7550 Kim - Passed Senate

2019-20: S.7303- referred to aging