Assembly Bill A5330

2009-2010 Legislative Session

Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5330 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5428, A3809
2013-2014: A3654
2015-2016: A4220
2017-2018: A2903
2019-2020: A4257

2009-A5330 (ACTIVE) - Summary

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.

2009-A5330 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5330

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  AUBRY,  WRIGHT, BENJAMIN, GREENE, GOTTFRIED,
  CAMARA, BOYLAND, V. LOPEZ, MILLMAN,  JAFFEE,  KAVANAGH,  O'DONNELL  --
  Multi-Sponsored  by  --  M.  of A.   DINOWITZ, GLICK, HEASTIE, HEVESI,
  JOHN, MAISEL, McENENY, PRETLOW, REILLY, SCHIMEL,  WEISENBERG  --  read
  once and referred to the Committee on 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:

  Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
follows:
  (3) "Direct  relationship"  means  that  THERE  IS  AN  IMMEDIATE  AND
SUBSTANTIAL  CONNECTION  BETWEEN  the  nature  of [criminal conduct] THE
CRIME for which the person was convicted [has a direct  bearing  on  his
fitness  or ability to perform one or more of] AND the duties or respon-
sibilities necessarily related to the license, opportunity,  or  job  in
question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
ERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE  GENERAL
PUBLIC UPON THE ISSUANCE OR CONTINUATION OF A LICENSE OR THE GRANTING OR
CONTINUATION OF EMPLOYMENT OF SUCH PERSON.
  S  2.  Section 752 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 752. Unfair discrimination against persons previously  convicted  of
one  or  more  criminal offenses prohibited.   1. No application for any
license or employment, and no employment or license held by an  individ-
ual,  to  which  the provisions of this article are applicable, shall be
denied or acted upon adversely by reason of the individual's having been
previously convicted of one or more criminal offenses, or by reason of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08910-01-9
              

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