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:

  Section 1. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  S  50-F.  DISCLOSURE  OF REASONS FOR DENIAL OF EMPLOYMENT BY STATE AND
LOCAL GOVERNMENT AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION,
  A. "APPLICANT" MEANS ANY PERSON WHO HAS APPLIED  FOR  EMPLOYMENT  WITH
ANY STATE OR LOCAL GOVERNMENT AGENCY.
  B. "BACKGROUND CHECK" MEANS AN INVESTIGATION CONDUCTED OR CAUSED TO BE
CONDUCTED  BY AN EMPLOYER WITH WHOM AN APPLICANT HAS APPLIED FOR EMPLOY-
MENT THAT RELATES TO THE APPLICANT'S PERSONAL HISTORY, INCLUDING HIS  OR
HER  ACADEMIC  OR  PROFESSIONAL  CREDENTIALS,  MILITARY SERVICE RECORDS,
CRIMINAL, DRIVING, FINANCIAL OR CREDIT RECORDS.
  2. WRITTEN NOTICE. A. EVERY STATE AND LOCAL  GOVERNMENT  AGENCY  SHALL
PROVIDE  WRITTEN  NOTICE  TO  ANY APPLICANT FOR EMPLOYMENT, WHO HAS BEEN
DENIED EMPLOYMENT AT SUCH AGENCY AS A  RESULT  OF  THE  STATE  OR  LOCAL
GOVERNMENT'S REVIEW OF THE APPLICANT'S BACKGROUND CHECK, INDICATING:
  (I) THE REASONS FOR SUCH DENIAL;
  (II)  ANY  SPECIFIC BACKGROUND INFORMATION USED IN MAKING SUCH DENIAL;
AND
  (III) WHETHER THE APPLICANT IS ELIGIBLE FOR FUTURE EMPLOYMENT BY  SUCH
AGENCY.
  B.  SUCH  NOTICE  SHALL BE PROVIDED TO THE APPLICANT WITHIN SIXTY DAYS
FROM THE DATE THE STATE OR LOCAL  GOVERNMENT  RECEIVES  THE  APPLICANT'S
APPLICATION FOR EMPLOYMENT.
  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