NY State Senate Bill 2015-S3267

Senate Bill S3267

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to investigations and government operations
Feb 04, 2015	referred to investigations and government operations

2015-S3267 (ACTIVE) - Details

See Assembly Version of this Bill:: A4342
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add §296-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4340, A6723
2017-2018: S4504, A1924
2019-2020: S1971, A9698
2021-2022: S5194, A4971
2023-2024: S6984
2025-2026: S6310

2015-S3267 (ACTIVE) - Summary

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

2015-S3267 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3267

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

Section One of the bill amends the executive law to prohibit
discriminatory hiring practices based upon an individual's
unemployment status.

Subdivision 1 defines "unemployment status."

Subdivision 2 makes it unlawful for an employer, employer's agent,
representative or designee or an employment agency to base an
employment decision upon the unemployment status of the applicant.

Subdivision 3 states that, notwithstanding this amendment, an employer
can require educational or licensing or minimum experience
requirements for new hires. Additionally, employers can restrict
hiring for new positions only to current employees of the employer.

Section Two of the bill states that this act will take effect

immediately.

JUSTIFICATION:

Since the financial crisis and collapse of the U.S. economy in 2008,
many workers found themselves unexpectedly unemployed. Those who found
themselves unemployed included workers from across the demographic and
economic spectrums. Many businesses closed and such closings inflicted
harm to local communities and put many of their citizens out of work.
Business activity slowed forcing lay-offs in business from fast food
outlets to Fortune 500 corporations. The unemployment line crew and
contained workers from janitors to attorneys.

Many of the newly unemployed had held their positions for years and
some for decades. Through no fault of their own, as the economic
recovery from the worst financial crisis in seven decades was slow to
develop, many victims of the economic crisis have remained unemployed
for 6 months, 12 months or more.

As more employers hire during the economic recovery, many employers
will not consider candidates who are unemployed. This discriminatory
process unfairly harms individuals who are unemployed by no fault of
their own and can harm the economy of New York State as it creates a
class of workers who are incapable of finding work even though they
are ready, willing and able to reenter the workforce.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:


Yet to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3267 (ACTIVE) - Bill Text download pdf

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

                                  3267

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to  prohibiting  unlawful
  hiring  discrimination by employers and employment agencies 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-d
to read as follows:
  S 296-D. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION  TO  EMPLOYMENT
AGENCIES;  UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS SECTION, THE
TERM "UNEMPLOYMENT STATUS" SHALL MEAN AN INDIVIDUAL'S CURRENT OR  RECENT
UNEMPLOYMENT.
  2.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER,
THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
TO BASE AN EMPLOYMENT DECISION WITH REGARD TO  HIRING,  COMPENSATION  OR
THE  TERMS  THEREOF, CONDITIONS OR PRIVILEGES OF EMPLOYMENT ON THE UNEM-
PLOYMENT STATUS OF THE APPLICANT OR EMPLOYEE.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER,
THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
FROM PUBLISHING IN PRINT OR ON THE INTERNET AN ADVERTISEMENT FOR  A  JOB
VACANCY IN THIS STATE THAT CONTAINS A PROVISION:
  A.  SETTING  FORTH QUALIFICATIONS FOR A JOB VACANCY, INCLUDING BUT NOT
LIMITED TO:
  (1) HOLDING A CURRENT AND VALID PROFESSIONAL OR OCCUPATIONAL  LICENSE,
CERTIFICATE, REGISTRATION, PERMIT OR OTHER CREDENTIAL; OR
  (2) A MINIMUM LEVEL OF EDUCATION OR TRAINING, OR PROFESSIONAL, OCCUPA-
TIONAL OR FIELD EXPERIENCE; OR
  B.  STATING  THAT  ONLY  APPLICANTS  WHO  ARE CURRENT EMPLOYEES OF THE
EMPLOYER WILL BE CONSIDERED FOR THE POSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00951-01-5

S. 3267                             2

  4. AN EMPLOYER OR EMPLOYMENT AGENCY THAT IS  FOUND  TO  HAVE  VIOLATED
THIS SECTION BY THE COMMISSIONER OF LABOR SHALL BE ASSESSED SUCH PENALTY
AS PROVIDED PURSUANT TO SECTION TWO HUNDRED NINETY-NINE OF THIS ARTICLE.
  S 2. This act shall take effect immediately.

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