Bill S4340-2013

Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status

Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status.

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 21, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4340

TITLE OF BILL: 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

SUMMARY OF PROVISIONS:

Section One of the bill amends the executive law to prohibit discriminatory hiring practices based upon an individual's unemployment status.

Subdivision 1 defines "unemployment status."

Subdivision 2 makes it unlawful for an employer, employer's agent, representative or designee or an employment agency to base an employment decision upon the unemployment status of the applicant.

Subdivision 3 states that, notwithstanding this amendment, an employer can require educational or licensing or minimum experience requirements for new hires. Additionally, employers can restrict hiring for new positions only to current employees of the employer.

Section Two of the bill states that this act will take effect immediately.

JUSTIFICATION:

Since the financial crisis and collapse of the U.S. economy in 2008, many workers found themselves unexpectedly unemployed. Those who found themselves unemployed included workers from across the demographic and economic spectrums. Many businesses closed and such closings inflicted harm to local communities and put many of their citizens out of work. Business activity slowed forcing lay-offs in business from fast food outlets to Fortune 500 corporations. The unemployment line crew and contained workers from janitors to attorneys.

Many of the newly unemployed had held their positions for years and some for decades. Through no fault of their own, as the economic recovery from the worst financial crisis in seven decades was slow to develop, many victims of the economic crisis have remained unemployed for 6 months, 12 months or more.

As more employers hire during the economic recovery, many employers will not consider candidates who are unemployed. This discriminatory process unfairly harms individuals who are unemployed by no fault of their own and can harm the economy of New York State as it creates a class of workers who are incapable of finding work even though they are ready, willing and able to reenter the workforce.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4340 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________
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: Section 1. The executive law is amended by adding a new section 296-c to read as follows: S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN AN INDIVIDUAL'S CURRENT OR RECENT UNEMPLOYMENT. 2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY TO BASE AN EMPLOYMENT DECISION WITH REGARD TO HIRING, COMPENSATION OR THE TERMS THEREOF, CONDITIONS OR PRIVILEGES OF EMPLOYMENT ON THE UNEM- PLOYMENT STATUS OF THE APPLICANT OR EMPLOYEE. 3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER, THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY FROM PUBLISHING IN PRINT OR ON THE INTERNET AN ADVERTISEMENT FOR A JOB VACANCY IN THIS STATE THAT CONTAINS A PROVISION: A. SETTING FORTH QUALIFICATIONS FOR A JOB VACANCY, INCLUDING BUT NOT LIMITED TO: (1) HOLDING A CURRENT AND VALID PROFESSIONAL OR OCCUPATIONAL LICENSE, CERTIFICATE, REGISTRATION, PERMIT OR OTHER CREDENTIAL; OR (2) A MINIMUM LEVEL OF EDUCATION OR TRAINING, OR PROFESSIONAL, OCCUPA- TIONAL OR FIELD EXPERIENCE; OR B. STATING THAT ONLY APPLICANTS WHO ARE CURRENT EMPLOYEES OF THE EMPLOYER WILL BE CONSIDERED FOR THE POSITION.
4. AN EMPLOYER OR EMPLOYMENT AGENCY THAT IS FOUND TO HAVE VIOLATED THIS SECTION BY THE COMMISSIONER OF LABOR SHALL BE ASSESSED SUCH PENALTY AS PROVIDED PURSUANT TO SECTION TWO HUNDRED NINETY-NINE OF THIS ARTICLE. S 2. This act shall take effect immediately.

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