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Assembly Bill A6405A

2015-2016 Legislative Session

Relates to prohibiting the use of credit history checks in certain cases

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A6405 - Details

See Senate Version of this Bill:
S4483
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2956
2019-2020: A2149
2021-2022: A5693
2023-2024: A788, A8997
2025-2026: A7194

2015-A6405 - Summary

Relates to prohibiting the use of credit history checks to ascertain the payment status of a student loan of an applicant for employment for the purposes of making hiring decisions except where otherwise mandated by law.

2015-A6405 - Bill Text download pdf 

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

                                  6405

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A.  JOYNER, ARROYO, BARRON, BROOK-KRASNY, CLARK,
  COOK, GOTTFRIED, GUNTHER, LAVINE, LINARES, MILLER, MOSLEY,  O'DONNELL,
  OTIS,  SCARBOROUGH,  SCHIMEL, SIMON, SKOUFIS -- read once and referred
  to the Committee on Labor

AN ACT to amend the labor law, in relation to prohibiting  student  loan
  payment history checks in making employment decisions

  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  219-d  to
read as follows:
  S  219-D. STUDENT LOAN PAYMENT HISTORY; EMPLOYMENT. 1. EXCEPT IN THOSE
CASES OTHERWISE MANDATED BY LAW, IT SHALL BE AN UNLAWFUL  DISCRIMINATORY
PRACTICE  FOR  AN  EMPLOYER TO REQUEST OR TO USE FOR EMPLOYMENT PURPOSES
INFORMATION CONTAINED IN THE  CONSUMER  CREDIT  HISTORY  INDICATING  THE
PAYMENT  STATUS OF A STUDENT LOAN, AS DEFINED IN SUBDIVISION FOURTEEN OF
SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW, OF AN
APPLICANT FOR EMPLOYMENT OR OTHERWISE DISCRIMINATE AGAINST  SUCH  APPLI-
CANT WITH REGARD TO HIRING DECISIONS.
  2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT HISTO-
RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI-
NESS, CREDIT STANDING, OR CREDIT CAPACITY, INCLUDING BUT NOT LIMITED  TO
AN  INDIVIDUAL'S CREDIT SCORE, CREDIT ACCOUNT AND OTHER CONSUMER ACCOUNT
BALANCES, AND PAYMENT HISTORY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09450-01-5

co-Sponsors

2015-A6405A (ACTIVE) - Details

See Senate Version of this Bill:
S4483
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2956
2019-2020: A2149
2021-2022: A5693
2023-2024: A788, A8997
2025-2026: A7194

2015-A6405A (ACTIVE) - Summary

Relates to prohibiting the use of credit history checks to ascertain the payment status of a student loan of an applicant for employment for the purposes of making hiring decisions except where otherwise mandated by law.

2015-A6405A (ACTIVE) - Bill Text download pdf 

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

                                 6405--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 24, 2015
                               ___________

Introduced  by  M.  of  A.  JOYNER, ARROYO, BARRON, BROOK-KRASNY, CLARK,
  COOK, GOTTFRIED, GUNTHER, LAVINE, LINARES, MILLER, MOSLEY,  O'DONNELL,
  OTIS,  SCHIMEL,  SIMON, SKOUFIS, ROBINSON, PICHARDO, SKARTADOS -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the labor law, in relation to prohibiting  student  loan
  payment history checks in making employment decisions

  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  219-d  to
read as follows:
  S  219-D.  STUDENT  LOAN  PAYMENT  HISTORY;  EMPLOYMENT.  1. EXCEPT AS
PROVIDED IN THIS SECTION AND IN THOSE CASES OTHERWISE MANDATED  BY  LAW,
IT  SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE FOR AN EMPLOYER TO
REQUEST OR TO USE FOR EMPLOYMENT PURPOSES INFORMATION CONTAINED  IN  THE
CONSUMER CREDIT HISTORY INDICATING THE PAYMENT STATUS OF A STUDENT LOAN,
AS   DEFINED   IN   SUBDIVISION  FOURTEEN  OF  SECTION  SIXTEEN  HUNDRED
SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW, OF AN APPLICANT  FOR  EMPLOY-
MENT  OR  OTHERWISE  DISCRIMINATE  AGAINST SUCH APPLICANT WITH REGARD TO
HIRING DECISIONS.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT  HISTO-
RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI-
NESS,  CREDIT  STANDING,  OR CREDIT CAPACITY, INCLUDING, BUT NOT LIMITED
TO, AN INDIVIDUAL'S CREDIT SCORE,  CREDIT  ACCOUNT  AND  OTHER  CONSUMER
ACCOUNT BALANCES, AND PAYMENT HISTORY.
  3. THIS SECTION SHALL NOT APPLY TO AN EMPLOYER, OR AGENT THEREOF, THAT
IS  REQUIRED BY STATE OF FEDERAL LAW OR REGULATIONS OR BY A SELF-REGULA-
TORY ORGANIZATION, AS DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (A)
OF SECTION THREE OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED,  TO
USE AN INDIVIDUAL'S CONSUMER CREDIT HISTORY FOR EMPLOYMENT PURPOSES.
  S 2. This act shall take effect immediately.

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

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