The New York State Senate

                    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.