Bill Text: NY A05005 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires government agencies to provide notice to any applicant which has been denied employment due to review of a background check of the reasons for such denial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05005 Detail]

Download: New_York-2015-A05005-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5005
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2015
                                      ___________
       Introduced  by  M. of A. MOYA -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the civil rights law, in relation to requiring state and
         local government agencies to provide notice to any applicant  who  has
         been denied employment of the reasons for such denial
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil rights law is amended by  adding  a  new  section
    2  50-f to read as follows:
    3    S  50-F.  DISCLOSURE  OF REASONS FOR DENIAL OF EMPLOYMENT BY STATE AND
    4  LOCAL GOVERNMENT AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION,
    5    A. "APPLICANT" MEANS ANY PERSON WHO HAS APPLIED  FOR  EMPLOYMENT  WITH
    6  ANY STATE OR LOCAL GOVERNMENT AGENCY.
    7    B. "BACKGROUND CHECK" MEANS AN INVESTIGATION CONDUCTED OR CAUSED TO BE
    8  CONDUCTED  BY AN EMPLOYER WITH WHOM AN APPLICANT HAS APPLIED FOR EMPLOY-
    9  MENT THAT RELATES TO THE APPLICANT'S PERSONAL HISTORY, INCLUDING HIS  OR
   10  HER  ACADEMIC  OR  PROFESSIONAL  CREDENTIALS,  MILITARY SERVICE RECORDS,
   11  CRIMINAL, DRIVING, FINANCIAL OR CREDIT RECORDS.
   12    2. WRITTEN NOTICE. A. EVERY STATE AND LOCAL  GOVERNMENT  AGENCY  SHALL
   13  PROVIDE  WRITTEN  NOTICE  TO  ANY APPLICANT FOR EMPLOYMENT, WHO HAS BEEN
   14  DENIED EMPLOYMENT AT SUCH AGENCY AS A  RESULT  OF  THE  STATE  OR  LOCAL
   15  GOVERNMENT'S REVIEW OF THE APPLICANT'S BACKGROUND CHECK, INDICATING:
   16    (I) THE REASONS FOR SUCH DENIAL;
   17    (II)  ANY  SPECIFIC BACKGROUND INFORMATION USED IN MAKING SUCH DENIAL;
   18  AND
   19    (III) WHETHER THE APPLICANT IS ELIGIBLE FOR FUTURE EMPLOYMENT BY  SUCH
   20  AGENCY.
   21    B.  SUCH  NOTICE  SHALL BE PROVIDED TO THE APPLICANT WITHIN SIXTY DAYS
   22  FROM THE DATE THE STATE OR LOCAL  GOVERNMENT  RECEIVES  THE  APPLICANT'S
   23  APPLICATION FOR EMPLOYMENT.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08867-01-5