Bill Text: NY S00677 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00677 Detail]
Download: New_York-2013-S00677-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
677
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. STEWART-COUSINS, ADAMS, ADDABBO, AVELLA, BRESLIN,
ESPAILLAT, GIANARIS, HASSELL-THOMPSON, KENNEDY, KRUEGER, MONTGOMERY,
PARKER, RIVERA, SAMPSON, SERRANO, SQUADRON, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Investigations and Government Operations
AN ACT to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 296-c
2 to read as follows:
3 S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
4 EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
5 SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
6 HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
7 WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
8 2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
9 LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
10 REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
11 AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
12 ILEGES OF EMPLOYMENT.
13 3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
14 AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
15 UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
16 ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
17 OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
18 4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
19 AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
20 CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00650-01-3
S. 677 2
1 FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
2 WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
3 LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
4 OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
5 NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
6 PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
7 CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
8 CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
9 THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
10 SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
11 THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
12 TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
13 OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
14 NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
15 5. ANY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
16 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
17 EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
18 DOLLARS FOR EACH SUBSEQUENT VIOLATION.
19 S 2. This act shall take effect immediately.
