S T A T E O F N E W Y O R K
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9464
I N A S S E M B L Y
March 8, 2016
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Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting an
employer from discriminating on the basis of credit history
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
380-BB to read as follows:
S 380-BB. DISCRIMINATION ON THE BASIS OF CREDIT HISTORY. NOTWITH-
STANDING ANY CONTRARY PROVISION OF LAW, NO EMPLOYER SHALL USE OR REQUEST
INFORMATION IN THE CREDIT HISTORY OF A JOB APPLICANT OR EMPLOYEE IN
CONNECTION WITH OR AS A CRITERION FOR EMPLOYMENT DECISIONS RELATED TO
HIRING, TERMINATION, PROMOTION, DEMOTION, DISCIPLINE, COMPENSATION, OR
THE TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT UNLESS THE EMPLOYER
IS MANDATED BY THIS ARTICLE OR FEDERAL LAW TO USE INDIVIDUAL CREDIT
HISTORY FOR EMPLOYMENT PURPOSES, OR THE EMPLOYER HAS A BONA FIDE PURPOSE
FOR REQUESTING OR USING INFORMATION IN THE CREDIT HISTORY REPORT THAT IS
SUBSTANTIALLY RELATED TO THE EMPLOYEE'S CURRENT OR POTENTIAL JOB AND THE
EMPLOYER COMPLIES WITH THE NOTICE AND CONSENT REQUIREMENTS OF THE FEDER-
AL FAIR CREDIT REPORTING ACT.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13468-01-5