senate Bill S3386

2013-2014 Legislative Session

Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Feb 01, 2013 referred to crime victims, crime and correction

Co-Sponsors

S3386 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§750 & 752, Cor L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5428
2009-2010: A5330

S3386 - Bill Texts

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Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual.

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BILL NUMBER:S3386

TITLE OF BILL: An act to amend the correction law and the executive
law, in relation to establishing that it is an unlawful discriminatory
practice for prospective employers to make certain inquiries relating to
criminal convictions

PURPOSE: This bill will curtail unlawful discriminatory practices
against persons with criminal records and help to ensure that employers
abide by the provisions of Article 23-A of the correction law.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law to change the definition
of "direct relationship" and provide that in order to deny a person
employment or a license based on a criminal record, there must be a
connection between the specific duties or responsibilities of the job or
license and the nature of the criminal conviction and such connection
must create an unreasonable risk to property or public safety.

Section 2 of the bill amends the correction law to provide that no
employer may ask about a criminal conviction unless such employer first
makes a conditional offer of employment. Such offer could then be with-
drawn in accordance with Article 23-A of the correction law, where there
is a direct relationship between the employment and the conviction, and
hiring the person would threaten public safety or property.

Section 3 of the bill amends the human rights law to include the amended
language of the correction law.

Section 4 of the bill provides that the act shall take effect On the
ninetieth day after it shall have become law.

JUSTIFICATION: Upon return to the community following incarceration,
individuals are expected to find and maintain gainful employment. Find-
ing effective ways to manage their reentry into the workforce is crit-
ical to promoting public safety and curbing recidivism rates and the
high costs of reincarceration. Unfortunately, many employers maintain
blanket barriers to employment based solely on criminal conviction
records even when the conviction may be completely unrelated to the job
sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction. This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do not automatically disqualify applicants based only on a
criminal conviction.

LEGISLATIVE HISTORY: 2009-10: A.5330 {Aubry) Referred to Correction

FISCAL IMPLICATIONS: Successful re-entry and re-integration of formerly
incarcerated individuals will increase state revenues through the inclu-
sion of thousands of able-bodied, "taxpaying citizens" to the state's
workforce; additional savings to the state will inure from a reduction
in costs associated with recidivism, re-incarceration and social
services.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect on the ninetieth day after it
shall have become law.

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

                                  3386

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  MONTGOMERY  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime Victims, Crime and Correction

AN ACT to amend the correction law and the executive law, in relation to
  establishing  that  it  is  an  unlawful  discriminatory  practice for
  prospective employers to make certain inquiries relating  to  criminal
  convictions

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

  Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
follows:
  (3) "Direct  relationship"  means  that  THERE  IS  AN  IMMEDIATE  AND
SUBSTANTIAL  CONNECTION  BETWEEN  the  nature  of [criminal conduct] THE
CRIME for which the person was convicted [has a direct  bearing  on  his
fitness  or ability to perform one or more of] AND the duties or respon-
sibilities necessarily related to the license, opportunity,  or  job  in
question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
ERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE  GENERAL
PUBLIC UPON THE ISSUANCE OR CONTINUATION OF A LICENSE OR THE GRANTING OR
CONTINUATION OF EMPLOYMENT OF SUCH PERSON.
  S  2.  Section 752 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
  S 752. Unfair discrimination against persons previously  convicted  of
one  or  more  criminal offenses prohibited.   1. No application for any
license or employment, and no employment or license held by an  individ-
ual,  to  which  the provisions of this article are applicable, shall be
denied or acted upon adversely by reason of the individual's having been
previously convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when  such  finding  is  based

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05999-01-3

S. 3386                             2

upon  the  fact that the individual has previously been convicted of one
or more criminal offenses, unless[:
  (1)]  there is a direct relationship between one or more of the previ-
ous criminal offenses and the specific license or employment  sought  or
held by the individual[; or
  (2)  the  issuance  or  continuation of the license or the granting or
continuation of the employment would involve  an  unreasonable  risk  to
property  or  to  the  safety  or welfare of specific individuals or the
general public].
  2.  NO PUBLIC OR PRIVATE EMPLOYER TO  WHICH  THE  PROVISIONS  OF  THIS
ARTICLE  ARE  APPLICABLE,  UNLESS  SPECIFICALLY REQUIRED OR PERMITTED BY
STATUTE, SHALL MAKE ANY INQUIRY ABOUT, WHETHER IN ANY FORM  OF  APPLICA-
TION  OR  OTHERWISE,  OR  ACT  UPON ADVERSELY TO THE INDIVIDUAL INVOLVED
BASED UPON, ANY CRIMINAL  CONVICTION  OF  SUCH  INDIVIDUAL  UNLESS  SUCH
EMPLOYER  FIRST MAKES A CONDITIONAL OFFER OF EMPLOYMENT TO SUCH INDIVID-
UAL. SUCH CONDITIONAL OFFER OF EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITH-
DRAWN ON THE BASIS OF A CRIMINAL  CONVICTION  IN  ACCORDANCE  WITH  THIS
ARTICLE WHERE SUCH CONVICTION BEARS A DIRECT RELATIONSHIP TO THE SPECIF-
IC POSITION BEING OFFERED.
  S  3.  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 ANY
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.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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