Bill Text: NY S03386 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03386 Detail]

Download: New_York-2013-S03386-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3386
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 1, 2013
                                      ___________
       Introduced  by  Sens.  HASSELL-THOMPSON,  MONTGOMERY  --  read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Crime Victims, Crime and Correction
       AN ACT to amend the correction law and the executive law, in relation to
         establishing  that  it  is  an  unlawful  discriminatory  practice for
         prospective employers to make certain inquiries relating  to  criminal
         convictions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
    2  amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
    3  follows:
    4    (3) "Direct  relationship"  means  that  THERE  IS  AN  IMMEDIATE  AND
    5  SUBSTANTIAL  CONNECTION  BETWEEN  the  nature  of [criminal conduct] THE
    6  CRIME for which the person was convicted [has a direct  bearing  on  his
    7  fitness  or ability to perform one or more of] AND the duties or respon-
    8  sibilities necessarily related to the license, opportunity,  or  job  in
    9  question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
   10  ERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE  GENERAL
   11  PUBLIC UPON THE ISSUANCE OR CONTINUATION OF A LICENSE OR THE GRANTING OR
   12  CONTINUATION OF EMPLOYMENT OF SUCH PERSON.
   13    S  2.  Section 752 of the correction law, as amended by chapter 284 of
   14  the laws of 2007, is amended to read as follows:
   15    S 752. Unfair discrimination against persons previously  convicted  of
   16  one  or  more  criminal offenses prohibited.   1. No application for any
   17  license or employment, and no employment or license held by an  individ-
   18  ual,  to  which  the provisions of this article are applicable, shall be
   19  denied or acted upon adversely by reason of the individual's having been
   20  previously convicted of one or more criminal offenses, or by reason of a
   21  finding of lack of "good moral character" when  such  finding  is  based
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05999-01-3
       S. 3386                             2
    1  upon  the  fact that the individual has previously been convicted of one
    2  or more criminal offenses, unless[:
    3    (1)]  there is a direct relationship between one or more of the previ-
    4  ous criminal offenses and the specific license or employment  sought  or
    5  held by the individual[; or
    6    (2)  the  issuance  or  continuation of the license or the granting or
    7  continuation of the employment would involve  an  unreasonable  risk  to
    8  property  or  to  the  safety  or welfare of specific individuals or the
    9  general public].
   10    2.  NO PUBLIC OR PRIVATE EMPLOYER TO  WHICH  THE  PROVISIONS  OF  THIS
   11  ARTICLE  ARE  APPLICABLE,  UNLESS  SPECIFICALLY REQUIRED OR PERMITTED BY
   12  STATUTE, SHALL MAKE ANY INQUIRY ABOUT, WHETHER IN ANY FORM  OF  APPLICA-
   13  TION  OR  OTHERWISE,  OR  ACT  UPON ADVERSELY TO THE INDIVIDUAL INVOLVED
   14  BASED UPON, ANY CRIMINAL  CONVICTION  OF  SUCH  INDIVIDUAL  UNLESS  SUCH
   15  EMPLOYER  FIRST MAKES A CONDITIONAL OFFER OF EMPLOYMENT TO SUCH INDIVID-
   16  UAL. SUCH CONDITIONAL OFFER OF EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITH-
   17  DRAWN ON THE BASIS OF A CRIMINAL  CONVICTION  IN  ACCORDANCE  WITH  THIS
   18  ARTICLE WHERE SUCH CONVICTION BEARS A DIRECT RELATIONSHIP TO THE SPECIF-
   19  IC POSITION BEING OFFERED.
   20    S  3.  Section  296  of  the  executive law is amended by adding a new
   21  subdivision 15-a to read as follows:
   22    15-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS  SPECIF-
   23  ICALLY  REQUIRED  OR PERMITTED BY STATUTE, FOR ANY PROSPECTIVE EMPLOYER,
   24  INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
   25  INCLUDING  THE  STATE AND ANY POLITICAL SUBDIVISION THEREOF, TO MAKE ANY
   26  INQUIRY ABOUT, WHETHER IN ANY FORM OF APPLICATION OR  OTHERWISE,  OR  TO
   27  ACT  UPON  ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON, ANY CRIMINAL
   28  CONVICTION OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A  CONDI-
   29  TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
   30  EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
   31  CONVICTION  IN  ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION
   32  LAW WHERE SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH  TERM  IS
   33  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  SEVEN HUNDRED FIFTY OF THE
   34  CORRECTION LAW, TO THE SPECIFIC POSITION BEING OFFERED.
   35    S 4. This act shall take effect on the ninetieth day  after  it  shall
   36  have become a law.