Bill S4326-2015

Relates to establishing the private employers veterans' preference policy act

Relates to establishing the private employers veterans' preference policy act.

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  • Mar 13, 2015: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Memo

BILL NUMBER:S4326

TITLE OF BILL: An act to amend the executive law, in relation to permitting private employers to adopt a veterans' preference employment policy

PURPOSE: To allow private companies to adopt a veterans' preference for hiring, promoting, or retaining a veteran.

SUMMARY OF PROVISIONS: Section 1 Allows a private employer to adopt a veterans' preference for hiring, promoting, or retaining a veteran. Further requires this preference in writing and shall be applied uniformly to employment decisions.

Section 2 is the effective date.

JUSTIFICATION: Currently, fifteen states offer a veterans hiring preference for private employers, while forty states including New York offer a veterans hiring preference for public employers. Under Title VII of the Civil Rights Act of 1964 private employers are not allowed to offer a hiring preference for a veteran unless expressly allowed to by State law. A 2012 survey of post-9/11 veterans found that 69% identified "finding a job" as their greatest challenge. As State's look for ways to actively employ returning veterans allowing private companies the option to have a preference is a no cost way to have more veterans employed.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect on the 180th day.


Text

STATE OF NEW YORK ________________________________________________________________________ 4326 2015-2016 Regular Sessions IN SENATE March 13, 2015 ___________
Introduced by Sens. ORTT, CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs AN ACT to amend the executive law, in relation to permitting private employers to adopt a veterans' preference employment policy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 369-f to read as follows: S 369-F. PRIVATE EMPLOYERS VETERANS' PREFERENCE POLICY. 1. AS USED IN THIS SECTION: A. "PRIVATE EMPLOYER" SHALL MEAN A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, NOT-FOR-PROFIT CORPORATION OR OTHER PRIVATE ENTITY WITH ONE OR MORE EMPLOYEES AND EXCLUDES THE STATE, A MUNICIPALITY, COUN- TY OR SCHOOL DISTRICT. B. "VETERAN" SHALL MEAN AN INDIVIDUAL WHO SERVED ON ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, COAST GUARD OR THE RESERVES COMPONENT, OR WHO SERVED IN ACTIVE MILITARY SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMY, NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA, AND MEETS ONE OR MORE OF THE FOLLOWING: (I) SERVED ON ACTIVE DUTY FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY DAYS AND WAS DISCHARGED OR RELEASED FROM ACTIVE DUTY WITH OTHER THAN A DISHONORABLE DISCHARGE. (II) WAS DISCHARGED OR RELEASED BECAUSE OF A SERVICE CONNECTED DISA- BILITY. (III) WAS DISCHARGED OR RELEASED FROM DUTY WITH OTHER THAN A DISHONOR- ABLE DISCHARGE FROM SERVICE UNDER AN ORDER TO ACTIVE DUTY, EXCLUDING ACTIVE DUTY FOR TRAINING.
C. "VETERANS' PREFERENCE EMPLOYMENT POLICY" SHALL MEAN A PRIVATE EMPLOYER'S VOLUNTARY PREFERENCE FOR HIRING, PROMOTING, OR RETAINING A VETERAN OVER ANOTHER EQUALLY QUALIFIED APPLICANT OR EMPLOYEE. 2. A PRIVATE EMPLOYER MAY ADOPT AND APPLY A VOLUNTARY VETERANS' PREF- ERENCE EMPLOYMENT POLICY. 3. A VETERANS' PREFERENCE EMPLOYMENT POLICY SHALL BE IN WRITING AND SHALL BE APPLIED UNIFORMLY TO EMPLOYMENT DECISIONS REGARDING THE HIRING OR PROMOTION OF VETERANS OR THE RETENTION OF VETERANS DURING A REDUCTION IN THE WORKFORCE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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