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Assembly Bill A4869

2013-2014 Legislative Session

Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee

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Archive: Last Bill Status - In Assembly Committee

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2013-A4869 (ACTIVE) - Details

See Senate Version of this Bill:
S3367
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7782, S5427
2015-2016: A2990, S2029
2017-2018: A2343, S2425
2019-2020: A3972, S1402
2021-2022: A2267, S4701
2023-2024: A1330, S4344
2025-2026: S5297

2013-A4869 (ACTIVE) - Summary

Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.

2013-A4869 (ACTIVE) - Bill Text download pdf 

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

                                  4869

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2013
                               ___________

Introduced  by  M.  of  A.  AUBRY, KAVANAGH, MAISEL, PRETLOW, STEVENSON,
  COLTON, O'DONNELL -- read  once  and  referred  to  the  Committee  on
  Correction

AN ACT to amend the executive law, in relation to requiring employers to
  make  a  conditional  offer  of  employment before inquiring about any
  criminal convictions of a prospective employee

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

  Section 1. Section 296 of the executive law is amended by adding a new
subdivision 15-a to read as follows:
  15-A.  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS SPECIF-
ICALLY REQUIRED OR PERMITTED BY STATUTE, FOR ANY  PROSPECTIVE  EMPLOYER,
INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
INCLUDING THE STATE AND ANY POLITICAL SUBDIVISION THEREOF,  TO  MAKE  AN
INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
ACT UPON ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON,  ANY  CRIMINAL
CONVICTION  OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A CONDI-
TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
CONVICTION IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF  THE  CORRECTION
LAW  WHERE  SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH TERM IS
DEFINED IN SUBDIVISION THREE OF  SECTION  SEVEN  HUNDRED  FIFTY  OF  THE
CORRECTION  LAW, TO THE SPECIFIC POSITION BEING OFFERED, OR THE GRANTING
OF SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR  TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06254-01-3

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