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Assembly Bill A2556

2015-2016 Legislative Session

Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process

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Archive: Last Bill Status - In Assembly Committee

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2015-A2556 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add ยง201-g, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7204
2017-2018: A2770

2015-A2556 (ACTIVE) - Summary

Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process.

2015-A2556 (ACTIVE) - Bill Text download pdf 

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

                                  2556

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, MOSLEY, ROBERTS -- Multi-Spon-
  sored by -- M. of A.  BRENNAN, COOK, PERRY, WRIGHT --  read  once  and
  referred to the Committee on Labor

AN ACT to amend the labor law, in relation to prohibiting employers from
  inquiring  about an applicant's criminal arrests or convictions during
  the application process

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

  Section  1.  The labor law is amended by adding a new section 201-g to
read as follows:
  S 201-G. PROHIBITION AGAINST UNFAIR DISCRIMINATION AGAINST  APPLICANTS
FOR  LICENSING  OR  FOR  EMPLOYMENT  PREVIOUSLY ARRESTED OR CONVICTED OF
CRIMINAL OFFENSES. 1. IN CONNECTION WITH THE LICENSING OR EMPLOYMENT  OF
ANY PERSON, NO EMPLOYER SHALL KNOWINGLY AND INTENTIONALLY:
  A.  MAKE  ANY  INQUIRY  ABOUT  OR  TAKE ANY ADVERSE ACTION AGAINST ANY
PERSON ON THE BASIS OF ANY ARREST OR CRIMINAL  ACCUSATION  MADE  AGAINST
SUCH PERSON, WHICH IS NOT THEN PENDING AGAINST THAT PERSON AND WHICH DID
NOT RESULT IN A CONVICTION; OR
  B.  REQUIRE  ANY  PERSON  TO DISCLOSE OR REVEAL ANY ARREST OR CRIMINAL
ACCUSATION MADE AGAINST SUCH PERSON WHICH IS NOT  THEN  PENDING  AGAINST
THAT PERSON AND WHICH DID NOT RESULT IN A CONVICTION.
  2.  IN  CONNECTION  WITH THE LICENSING OR EMPLOYMENT OF ANY PERSON, NO
EMPLOYER SHALL KNOWINGLY OR INTENTIONALLY:
  A. MAKE ANY INQUIRY REGARDING OR REQUIRE ANY  PERSON  TO  DISCLOSE  OR
REVEAL  ANY  CRIMINAL  CONVICTIONS  DURING  THE APPLICATION PROCESS. THE
APPLICATION PROCESS SHALL BEGIN WHEN THE APPLICANT  INQUIRES  ABOUT  THE
EMPLOYMENT  BEING  SOUGHT AND SHALL END WHEN AN EMPLOYER HAS ACCEPTED AN
EMPLOYMENT APPLICATION; OR
  B. MAKE ANY INQUIRY REGARDING OR  REQUIRE  A  PERSON  TO  DISCLOSE  OR
REVEAL  ANY  CRIMINAL  CONVICTIONS AGAINST SUCH PERSON BEFORE AND DURING
THE FIRST INTERVIEW. IF AN EMPLOYER CONDUCTS AN INTERVIEW, THE  EMPLOYER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01406-01-5

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