Assembly Bill A2770

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A2770 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7204
2015-2016: A2556

2017-A2770 (ACTIVE) - Summary

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

2017-A2770 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2770
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, MOSLEY -- Multi-Sponsored by --
   M. of A. COOK, PERRY, WRIGHT -- read once and referred to the  Commit-
   tee 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:
   § 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.

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