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Senate Bill S2837

2009-2010 Legislative Session

Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-S2837 (ACTIVE) - Details

See Assembly Version of this Bill:
A2067
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7716, A4052
2013-2014: S5181, A2367

2009-S2837 (ACTIVE) - Summary

Prohibits the use of job applicant's personal credit history as hiring criteria, unless a reasonable nexus exists.

2009-S2837 (ACTIVE) - Sponsor Memo

2009-S2837 (ACTIVE) - Bill Text download pdf 

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

                                  2837

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  discrimi-
  nation in hiring based on credit scores

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 296 of the executive law is amended by adding a new
subdivision 19-a to read as follows:
  19-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,  IT
SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE OF ANY EMPLOYER, LABOR
ORGANIZATION, EMPLOYMENT AGENCY, LICENSING  AGENCY,  OR  ITS  EMPLOYEES,
AGENTS, OR MEMBERS TO DIRECTLY OR INDIRECTLY USE AN APPLICANT'S PERSONAL
CREDIT HISTORY AS HIRING CRITERIA.
  (B)  AN EMPLOYER MAY REQUEST A CREDIT HISTORY BACKGROUND CHECK AS PART
OF THE APPLICATION OR PROMOTION PROCESS WHERE SUCH HISTORY IS  SHOWN  TO
BE DIRECTLY RELATED TO THE OCCUPATIONAL POSITION SOUGHT BY THE APPLICANT
OR  EMPLOYEE.  SUCH HISTORY SHALL NOT BE A DETERMINANT FACTOR IN WHETHER
THE APPLICANT OR EMPLOYEE IS ULTIMATELY HIRED OR PROMOTED TO  THE  POSI-
TION SOUGHT.
  (C)  IF  AN  EMPLOYEE CONSENTS TO A CREDIT HISTORY BACKGROUND CHECK AS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, HE OR SHE MUST  BE  GIVEN
AND  SIGN  AN  AUTHORIZATION OF CONSENT FORM WHICH EXPLICITLY STATES THE
SPECIFIC PURPOSE, USES AND LIMITATIONS OF THE CREDIT HISTORY  BACKGROUND
INFORMATION AS IT PERTAINS TO THE EMPLOYMENT POSITION SOUGHT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05376-01-9

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