senate Bill S4340

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 21 / Mar / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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

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Bill Details

See Assembly Version of this Bill:
A6723
Versions:
S4340
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Add ยง296-c, Exec L

Sponsor 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.

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

                                  4340

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09573-03-3

S. 4340                             2

  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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