Assembly Bill A7204

2013-2014 Legislative Session

Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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

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2013-A7204 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add ยง201-g, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2556
2017-2018: A2770

2013-A7204 (ACTIVE) - Summary

Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process.

2013-A7204 (ACTIVE) - Bill Text download pdf

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

                                  7204

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, MOSLEY -- Multi-Sponsored by --
  M. of A. BRENNAN, COOK, PERRY, WRIGHT -- read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to prohibiting employers from
  inquiring about an applicant's criminal arrests or convictions  during
  the application process

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

  Section 1. The labor law is amended by adding a new section  201-g  to
read as follows:
  S  201-G. PROHIBITION AGAINST UNFAIR DISCRIMINATION AGAINST APPLICANTS
FOR LICENSING OR FOR EMPLOYMENT  PREVIOUSLY  ARRESTED  OR  CONVICTED  OF
CRIMINAL  OFFENSES. 1. IN CONNECTION WITH THE LICENSING OR EMPLOYMENT OF
ANY PERSON, NO EMPLOYER SHALL KNOWINGLY AND INTENTIONALLY:
  A. MAKE ANY INQUIRY ABOUT OR  TAKE  ANY  ADVERSE  ACTION  AGAINST  ANY
PERSON  ON  THE  BASIS OF ANY ARREST OR CRIMINAL ACCUSATION MADE AGAINST
SUCH PERSON, WHICH IS NOT THEN PENDING AGAINST THAT PERSON AND WHICH DID
NOT RESULT IN A CONVICTION; OR
  B. REQUIRE ANY PERSON TO DISCLOSE OR REVEAL  ANY  ARREST  OR  CRIMINAL
ACCUSATION  MADE  AGAINST  SUCH PERSON WHICH IS NOT THEN PENDING AGAINST
THAT PERSON AND WHICH DID NOT RESULT IN A CONVICTION.
  2. IN CONNECTION WITH THE LICENSING OR EMPLOYMENT OF  ANY  PERSON,  NO
EMPLOYER SHALL KNOWINGLY OR INTENTIONALLY:
  A.  MAKE  ANY  INQUIRY  REGARDING OR REQUIRE ANY PERSON TO DISCLOSE OR
REVEAL ANY CRIMINAL CONVICTIONS  DURING  THE  APPLICATION  PROCESS.  THE
APPLICATION  PROCESS  SHALL  BEGIN WHEN THE APPLICANT INQUIRES ABOUT THE
EMPLOYMENT BEING SOUGHT AND SHALL END WHEN AN EMPLOYER HAS  ACCEPTED  AN
EMPLOYMENT APPLICATION; OR
  B.  MAKE  ANY  INQUIRY  REGARDING  OR  REQUIRE A PERSON TO DISCLOSE OR
REVEAL ANY CRIMINAL CONVICTIONS AGAINST SUCH PERSON  BEFORE  AND  DURING
THE  FIRST INTERVIEW. IF AN EMPLOYER CONDUCTS AN INTERVIEW, THE EMPLOYER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10562-01-3
              

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