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Assembly Bill A2343

2017-2018 Legislative Session

Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-A2343 (ACTIVE) - Details

See Senate Version of this Bill:
S2425
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7782, S5427
2013-2014: A4869, S3367
2015-2016: A2990, S2029
2019-2020: A3972, S1402
2021-2022: A2267, S4701
2023-2024: A1330, S4344
2025-2026: S5297

2017-A2343 (ACTIVE) - Summary

Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.

2017-A2343 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2343
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 Introduced  by  M.  of  A.  AUBRY, KAVANAGH, PRETLOW, COLTON, O'DONNELL,
   PERRY, JAFFEE, GOTTFRIED, COOK, ARROYO, WALKER, PICHARDO,  RICHARDSON,
   BRONSON,  HYNDMAN,  SEPULVEDA, BLAKE -- Multi-Sponsored by -- M. of A.
   HOOPER, SIMON -- read once and referred to the Committee on Correction
 
 AN ACT to amend the executive law, in relation to requiring employers to
   make a conditional offer of  employment  before  inquiring  about  any
   criminal convictions of a prospective employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 15-a to read as follows:
   15-A. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS  SPECIF-
 ICALLY  REQUIRED  OR PERMITTED BY STATUTE, FOR ANY PROSPECTIVE EMPLOYER,
 INCLUDING  ANY  PERSON,  AGENCY,  BUREAU,  CORPORATION  OR  ASSOCIATION,
 INCLUDING  THE  STATE  AND ANY POLITICAL SUBDIVISION THEREOF, TO MAKE AN
 INQUIRY ABOUT, WHETHER IN ANY FORM OF APPLICATION OR  OTHERWISE,  OR  TO
 ACT  UPON  ADVERSELY TO THE INDIVIDUAL INVOLVED BASED UPON, ANY CRIMINAL
 CONVICTION OF SUCH INDIVIDUAL UNLESS SUCH EMPLOYER FIRST MAKES A  CONDI-
 TIONAL OFFER OF EMPLOYMENT TO SUCH INDIVIDUAL. SUCH CONDITIONAL OFFER OF
 EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITHDRAWN ON THE BASIS OF A CRIMINAL
 CONVICTION  IN  ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION
 LAW WHERE SUCH CONVICTION BEARS A DIRECT RELATIONSHIP, AS SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  SEVEN HUNDRED FIFTY OF THE
 CORRECTION LAW, TO THE SPECIFIC POSITION BEING OFFERED, OR THE  GRANTING
 OF  SUCH EMPLOYMENT WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO
 THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-01-7

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