Bill Text: NY S01971 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status including decisions with regard to hiring, compensation or the terms thereof, or conditions or privileges of employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01971 Detail]

Download: New_York-2019-S01971-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1971
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- 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  unlawful
          hiring  discrimination by employers and employment agencies 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-e
     2  to read as follows:
     3    § 296-e. Unlawful discriminatory practices in relation  to  employment
     4  agencies;  unemployment status. 1. For the purposes of this section, the
     5  term "unemployment status" shall mean an individual's current or  recent
     6  unemployment.
     7    2.  It  shall  be an unlawful discriminatory practice for an employer,
     8  the employer's agent, representative or designee or an employment agency
     9  to base an employment decision with regard to  hiring,  compensation  or
    10  the  terms  thereof, conditions or privileges of employment on the unem-
    11  ployment status of the applicant or employee.
    12    3. Nothing in this section shall be construed to prohibit an employer,
    13  the employer's agent, representative or designee or an employment agency
    14  from publishing in print or on the internet an advertisement for  a  job
    15  vacancy in this state that contains a provision:
    16    a.  setting  forth qualifications for a job vacancy, including but not
    17  limited to:
    18    (1) holding a current and valid professional or occupational  license,
    19  certificate, registration, permit or other credential; or
    20    (2) a minimum level of education or training, or professional, occupa-
    21  tional or field experience; or
    22    b.  stating  that  only  applicants  who  are current employees of the
    23  employer will be considered for the position.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06341-01-9

        S. 1971                             2
     1    4. An employer or employment agency that is  found  to  have  violated
     2  this section by the commissioner of labor shall be assessed such penalty
     3  as provided pursuant to section two hundred ninety-nine of this article.
     4    § 2. This act shall take effect immediately.
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