Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2011 |
enacting clause stricken |
Jan 18, 2011 |
referred to governmental operations |
Assembly Bill A2380
2011-2012 Legislative Session
Sponsored By
DESTITO
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Sandy Galef
Margaret Markey
Michael Benedetto
multi-Sponsors
Bill Reilich
2011-A2380 (ACTIVE) - Details
2011-A2380 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2380 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. DESTITO, GALEF, MARKEY, BENEDETTO -- Multi-Spon- sored by -- M. of A. REILICH -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the civil rights law, in relation to employer reference immunity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 79-o to read as follows: S 79-O. EMPLOYER REFERENCE IMMUNITY. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO AS A VOLUNTEER OR FOR COMPEN- SATION PROVIDES LABOR IN A NURSING HOME OR OTHER ELDER CARE FACILITY. (B) "EMPLOYER" MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY WHO EMPLOYS AN INDIVIDUAL FOR COMPENSATION OR WHO SUPERVISES AN INDIVIDUAL PROVIDING LABOR AS A VOLUNTEER. (C) "PROSPECTIVE EMPLOYER" MEANS A NURSING HOME OR OTHER ELDER CARE FACILITY TO WHOM AN EMPLOYEE OR FORMER EMPLOYEE HAS SUBMITTED AN APPLI- CATION FOR EMPLOYMENT. 2. A NURSING HOME OR OTHER ELDER CARE FACILITY, MAY DISCLOSE TO AN EMPLOYEE OR THAT INDIVIDUAL'S PROSPECTIVE EMPLOYER INFORMATION RELATING TO THE INDIVIDUAL'S JOB PERFORMANCE THAT IS DOCUMENTED IN THE INDIVID- UAL'S PERSONNEL FILE UPON THE REQUEST OF THE INDIVIDUAL OR HIS OR HER PROSPECTIVE EMPLOYER. AN EMPLOYER WHO DISCLOSES INFORMATION UNDER THIS SECTION IN GOOD FAITH IS IMMUNE FROM CIVIL LIABILITY FOR THE DISCLOSURE. AN EMPLOYER IS PRESUMED TO BE ACTING IN GOOD FAITH AT THE TIME OF A DISCLOSURE UNDER THIS SECTION UNLESS A PREPONDERANCE OF THE EVIDENCE ESTABLISHES ONE OR MORE OF THE FOLLOWING: (A) THAT THE EMPLOYER KNEW THE INFORMATION DISCLOSED WAS FALSE OR MISLEADING, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01368-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.