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Assembly Bill A8664

2011-2012 Legislative Session

Relates to the prohibition of certain requirements for employment applicants

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Archive: Last Bill Status - In Assembly Committee

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2011-A8664 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง390-d, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
A2251

2011-A8664 (ACTIVE) - Summary

Relates to the prohibition of certain requirements for employment applicants.

2011-A8664 (ACTIVE) - Bill Text download pdf 

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

                                  8664

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 14, 2011
                               ___________

Introduced by M. of A. STEVENSON -- Multi-Sponsored by -- M. of A. CRES-
  PO -- read once and referred to the Committee on Economic Development

AN ACT to amend the general business law, in relation to the prohibition
  of certain requirements for employment applicants

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

  Section 1.   The general business law  is  amended  by  adding  a  new
section 390-d to read as follows:
  S  390-D.  PROHIBITION  OF  CERTAIN REQUIREMENTS FOR EMPLOYMENT APPLI-
CANTS. 1. AN EMPLOYER, OFFERING EMPLOYMENT IN THE  STATE  OF  NEW  YORK,
SHALL NOT REQUIRE AN APPLICANT TO BE CURRENTLY EMPLOYED TO BE CONSIDERED
FOR  ANY  TYPE  OF  EMPLOYMENT  SUCH EMPLOYER IS OFFERING OR OFFERING ON
BEHALF OF A THIRD PARTY.
  2. FOR PURPOSES OF THIS SECTION THE TERM "EMPLOYER" MEANS  ANY  PERSON
CONDUCTING A BUSINESS OR EMPLOYING ANOTHER WITHIN THE STATE OF NEW YORK,
INCLUDING  BUT NOT LIMITED TO INDIVIDUALS, PARTNERSHIPS, CORPORATIONS OR
ANY OTHER TYPE OF BUSINESS ENTITY SEEKING TO  EMPLOY  AN  INDIVIDUAL  OR
OFFERING EMPLOYMENT ON BEHALF OF A THIRD PARTY.
  3. VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE A MISDEMEANOR
PUNISHABLE BY A FINE OF UP TO TEN THOUSAND DOLLARS.
  4.  ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF THIS
SECTION MAY BRING AN ACTION FOR RECOVERY OF ACTUAL  DAMAGES.  THE  COURT
MAY  AWARD  REASONABLE  ATTORNEYS'  FEES AND COURT COSTS TO A PREVAILING
PLAINTIFF.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13418-01-1

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