assembly Bill A7830A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2012 print number 7830a
amend and recommit to governmental operations
Jan 04, 2012 referred to governmental operations
May 18, 2011 referred to governmental operations

Bill Amendments

Original
A (Active)
Original
A (Active)

A7830 - Bill Details

See Senate Version of this Bill:
S5316A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-c, Exec L

A7830 - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7830

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive  law,  in relation to unlawful hiring
  discrimination by employers, employment agencies and  licensing  agen-
  cies 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 LICENSING OR
EMPLOYMENT  AGENCIES;  UNEMPLOYMENT  STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS"  SHALL  MEAN  BEING  UNEMPLOYED,
HAVING  ACTIVELY  LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
  2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  OR
LICENSING  AGENCY,  BECAUSE  OF  AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  OR
AN  EMPLOYMENT  AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING,  DISPOSING  OR  OTHERWISE
ACTING  UPON  APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
  4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  OR
AN  EMPLOYMENT  AGENCY  TO  PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR  TO  USE  ANY
FORM  OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO  UNEMPLOYMENT  STATUS,
OR  ANY  INTENT  TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10544-03-1

A. 7830                             2

NATION, UNLESS  BASED  UPON  A  BONA  FIDE  OCCUPATIONAL  QUALIFICATION;
PROVIDED,  HOWEVER,  THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT  THE  DEPARTMENT  OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN  ONE  COUNTY  FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO  IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF  MINORITY  GROUPS  TO  ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
  S 2. This act shall take effect immediately.

A7830A (ACTIVE) - Bill Details

See Senate Version of this Bill:
S5316A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-c, Exec L

A7830A (ACTIVE) - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7830--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Governmental Operations -- recommitted to the Committee on Govern-
  mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  executive  law,  in  relation  to  unlawful  hiring
  discrimination  by  employers, employment agencies and licensing agen-
  cies 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 LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE  PURPOSES  OF  THIS
SECTION,  THE  TERM  "UNEMPLOYMENT  STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST  RECENT  FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
  2.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN  INDIVIDUAL'S  UNEMPLOYMENT  STATUS,  TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
  3.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL  BECAUSE  OF
UNEMPLOYMENT  STATUS  IN  RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING  AN  APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
  4.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE  TO  BE  PRINTED  OR
CIRCULATED  ANY  STATEMENT,  ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN  CONNECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10544-05-1

A. 7830--A                          2

WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION,  SPECIFICATION  OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION,  SPECIFICATION  OR  DISCRIMI-
NATION,  UNLESS  BASED  UPON  A  BONA  FIDE  OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION  OF  THIS
CHAPTER  OR  OTHER  LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM  APPLICANTS  FOR  CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN  SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST  POSSIBLE  AND  EQUAL  OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
  5.  ANY  EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY 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.
  S 2. This act shall take effect immediately.

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