|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|
senate Bill S3386
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3386 - Details
S3386 - Summary
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.
S3386 - Sponsor Memo
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.
S3386 - Bill Text download pdf
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
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