senate Bill S5316A

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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Nov 02, 2011 print number 5316a
amend and recommit to investigations and government operations
May 05, 2011 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S5316 - Bill Details

See Assembly Version of this Bill:
A7830A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-c, Exec L

S5316 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5316

TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful hiring discrimination
by employers, employment agencies and licensing agencies based upon an
individual's unemployment status

PURPOSE:
To make it unlawful to refuse to hire someone based on their
unemployment status.

SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by
adding a new section 296-c (1) (2) (3) to make it illegal for an
employer or licensing agency, or an employment agency to refuse to
hire or employ or to discriminate against an individual in
compensation or in terms, conditions or privileges of employment
because of the individual's unemployment status.

Section 1 of the Executive Law is amended by adding a new section
Section 296-c (4) of the Executive Law which makes it illegal for any
employer or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective
employment which discriminates against an individual because of the
individual's unemployment status.

The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week
period, and currently being available for employment.

JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their
unemployment status. In New York State as of March 2011, the U.S.
Labor Department reports that the unemployment rate is 8.5 percent
and the average length of time that an individual has been unemployed
has become longer. According to the US Bureau of Labor Statistics, in
March 2011, the average length of unemployment rose to 39 weeks, the
longest time on record.

Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid
off due to poor performance and are actively seeking employment. This
trend of excluding the jobless has become so common in New York State
that a recent survey of the advertisements posted on Craigslist by
New York employers reveals that a company looking for a Lead
Cook/Sous Chef in Garrison, New York states that the applicant must
be "currently employed in a similar position." Another advertisement
for a full-time sales position in Plattsburgh, New York says they are
looking for someone currently employed. There are many more examples.
Recently, New Jersey has enacted a law that prohibits prospective
employers from publishing advertisements for employment that exclude
the unemployed.


This legislation will ensure that the growing number of unemployed
workers, who are unemployed for longer durations, will have an equal
opportunity to seek employment by leveling the playing field for all
applicants.

LEGISLATIVE HISTORY:
New Bill- 2011

FISCAL IMPLICATIONS:
No fiscal impact.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5316

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced by Sens. STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN, GIANARIS,
  HASSELL-THOMPSON,   HUNTLEY,  KRUEGER,  MONTGOMERY,  RIVERA,  SERRANO,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Investigations and Government 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

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

S. 5316                             2

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.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5316A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7830A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-c, Exec L

S5316A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5316A

TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful hiring discrimination
by employers, employment agencies and licensing agencies based upon an
individual's unemployment status

PURPOSE:
To make it unlawful to refuse to hire someone based on their
unemployment status.

SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by adding a new section
296-c (1)(2)(3) to make it illegal for an employer or licensing
agency, or an employment agency to refuse to hire or employ or to
discriminate against an individual in compensation or in terms,
conditions or privileges of employment because of the individual's
unemployment status.

Section 1 of the Executive Law is amended by adding a new Section
296-c(4) of the Executive Law which makes it illegal for any
employer or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective
employment which discriminates against an individual because of the
individual's unemployment status.

The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week
period, and currently being available for employment.

JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their
unemployment status. In New York State as of March 2011, the U.S.
Labor Department reports that the unemployment rate is 8.5 percent
and the average length of time that an individual has been unemployed
has become longer. According to the U.S. Bureau of Labor Statistics, in
March 2011, the average length of unemployment rose to 39 weeks, the
longest time on record.

Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid off due to poor
performance and are actively seeking employment. This trend of
excluding the jobless has become so common in New York State that a
recent survey of the advertisements posted on Craigslist by New York
employers reveals that a company looking for a Lead Cook/Sous Chef in
Garrison, New York states that the applicant must be "currently
employed in a similar position." Another advertisement for a
full-time sales position in Plattsburgh, New York says they
are looking for someone currently employed. There are many
more examples. Recently, New Jersey has enacted a law that
prohibits prospective employers from publishing advertisements
for employment that exclude the unemployed.


This legislation will ensure that the growing number of unemployed
workers, who are unemployed for longer durations, will have an equal
opportunity to seek employment by leveling the playing field for all
applicants.

LEGISLATIVE HISTORY:
New Bill- 2011

FISCAL IMPLICATIONS:
No fiscal impact.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5316--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 5, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN, DUANE,
  ESPAILLAT, GIANARIS, HASSELL-THOMPSON, HUNTLEY, KRUEGER, KRUGER, MONT-
  GOMERY, PARKER, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Investigations and Government Operations -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10544-04-1

S. 5316--A                          2

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-
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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