The New York State Senate

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

                                  2825

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Governmental 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
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO  UNEMPLOYMENT  STATUS,
OR  ANY  INTENT  TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00650-01-3

A. 2825                             2

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.