senate Bill S677

2013-2014 Legislative Session

Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status

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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 investigations and government operations
Jan 09, 2013 referred to investigations and government operations

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S677 - Bill Details

See Assembly Version of this Bill:
A2825
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §296-c, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S5316A, A7830A

S677 - Bill Texts

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Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status.

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BILL NUMBER:S677

TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful hiring discrimination
by employers, employment agencies and licensing agencies based upon an
individual's unemployment status

PURPOSE:
To make it unlawful to refuse to hire someone based on their
unemployment status.

SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by adding a new section
296-c to make it illegal for an employer or licensing agency, or an
employment agency to refuse to hire or employ or to discriminate
against an individual in compensation or in terms, conditions or
privileges of employment because of the individual's unemployment
status. Additionally, this Section makes it illegal for any employer
or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective
employment which discriminates against an individual because of the
individual's unemployment status.

The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week
period, and currently being available for employment.

Section 2 of this bill is the immediate effective date.

JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their
unemployment status. In New York State as of March 2011, the U.S.
Labor Department reports that the unemployment rate is 8.5 percent
and the average length of time that an individual has been unemployed
has become longer. According to the US Bureau of Labor Statistics,
in March 2011, the average length of unemployment rose to 39 weeks,
the longest time on record.

Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid off due to poor
performance and are actively seeking employment. This trend of
excluding the jobless has become so common in New York State that a
recent survey of the advertisements posted on Craigslist by New York
employers reveals that a company looking for a Lead Cook/Sous Chef in
Garrison, New York states that the applicant must be "currently
employed in
a similar position." Another advertisement for a full-time sales
position in Plattsburgh, New York says they are looking for someone
currently employed. There are many more examples.
Recently, New Jersey has enacted a law that prohibits prospective
employers from publishing advertisements for employment that exclude
the unemployed.


This legislation will ensure that the growing number of unemployed
workers, who are unemployed for longer durations, will have an equal
opportunity to seek employment by leveling the playing field for all
applicants.

LEGISLATIVE HISTORY:
New Bill - 2011
2011/2012 - Died - Investigations & Government Operations Committee

FISCAL IMPLICATIONS:
No fiscal impact.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   677

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, ADAMS, ADDABBO, AVELLA, BRESLIN,
  ESPAILLAT, GIANARIS, HASSELL-THOMPSON, KENNEDY,  KRUEGER,  MONTGOMERY,
  PARKER, RIVERA, SAMPSON, SERRANO, SQUADRON, STAVISKY -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Investigations and Government 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

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

S. 677                              2

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-
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.

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