Bill S5151-2011

Prohibits discrimination against unemployed job applicants

Prohibits discrimination against unemployed job applicants.

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  • Jan 4, 2012: REFERRED TO LABOR
  • May 3, 2011: REFERRED TO LABOR

Memo

BILL NUMBER:S5151

TITLE OF BILL: An act to amend the labor law, in relation to prohibiting discrimination against unemployed job applicants

PURPOSE: To prohibit employers or their agents from discriminating against unemployed applicants or publish, in print or on the internet, an advertisement for any job vacancy that prohibits, announces or suggests that unemployed individuals need not apply for a job vacancy.

SUMMARY OF PROVISIONS: § 1, Subdivision 1 amends the labor law by adding a new section §215-d: Discrimination against unemployed applicants for employment. This section prohibits an employer from discriminating against an applicant based on their job status. Subdivision 2 Prohibits an employer or employer's agent, representative, or designee from publishing an advertisement for any job vacancy that stipulates that job qualifications include that the applicant be currently employed; and that the prospective employer will not consider an application for employment by any applicant currently unemployed; or any provision which states or suggests that only job applicants who are currently employed will be reviewed for consideration. Subdivision 3 creates a penalty to those employers who violate these provisions through a civil penalty not to exceed five thousand dollars for the first violation and ten thousand dollars for each subsequent violation payable to the labor commission.

§ 2 is the effective date.

JUSTIFICATION: During this time of high unemployment it is unconscionable for a prospective employer to eliminate from consideration any individual, through no fault of their own, that may be currently unemployed. New Jersey has recently enacted similar legislation which bans discrimination against the jobless in print or online. The first in the nation legislation, enacted by New Jersey, highlights the premise that a person should be employed based on skill and ability not the nation's economic downturn.

LEGISLATIVE HISTORY: 2011 - New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Takes effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5151 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to prohibiting discrimination against unemployed job applicants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 215-d to read as follows: S 215-D. DISCRIMINATION AGAINST UNEMPLOYED APPLICANTS FOR EMPLOYMENT. 1. NO EMPLOYER OR EMPLOYER'S AGENT, REPRESENTATIVE, OR DESIGNEE SHALL DISCRIMINATE AGAINST AN APPLICANT ON THE BASIS OF THAT APPLICANT'S CURRENT EMPLOYMENT STATUS. 2. NO EMPLOYER OR EMPLOYER'S AGENT, REPRESENTATIVE, OR DESIGNEE SHALL PUBLISH, IN PRINT OR ON THE INTERNET, AN ADVERTISEMENT FOR ANY JOB VACANCY THAT CONTAINS ONE OR MORE OF THE FOLLOWING: (A) ANY PROVISION STATING OR SUGGESTING THAT THE QUALIFICATIONS FOR A JOB INCLUDE CURRENT EMPLOYMENT; (B) ANY PROVISION STATING OR SUGGESTING THAT THE EMPLOYER OR EMPLOY- ER'S AGENT, REPRESENTATIVE, OR DESIGNEE WILL NOT CONSIDER OR REVIEW AN APPLICATION FOR EMPLOYMENT SUBMITTED BY ANY JOB APPLICANT CURRENTLY UNEMPLOYED; OR (C) ANY PROVISION STATING OR SUGGESTING THAT THE EMPLOYER OR EMPLOY- ER'S AGENT, REPRESENTATIVE, OR DESIGNEE WILL ONLY CONSIDER OR REVIEW APPLICATIONS FOR EMPLOYMENT SUBMITTED BY JOB APPLICANTS WHO ARE CURRENT- LY EMPLOYED. 3. ANY EMPLOYER WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION, COLLECTIBLE BY THE COMMISSIONER. S 2. This act shall take effect immediately.

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