Assembly Bill A7735

2019-2020 Legislative Session

Prohibits certain inquiries or statements related to the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment

download bill text pdf

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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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2019-A7735 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3344
2023-2024: A3726

2019-A7735 (ACTIVE) - Summary

Prohibits certain inquiries or statements related to the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment.

2019-A7735 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7735
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law, in relation  to  prohibiting  certain
   inquiries  or  statements  related  to the arrest record or conviction
   record of any person who is in the process of applying for  employment
   or interviewing for employment

   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 22 to read as follows:
   22. (A) IT SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  FOR  ANY
 EMPLOYER,  EMPLOYMENT  AGENCY  OR  AGENT  THEREOF TO MAKE ANY INQUIRY OR
 STATEMENT RELATED TO THE ARREST  RECORD  OR  CONVICTION  RECORD  OF  ANY
 PERSON  WHO IS IN THE PROCESS OF APPLYING FOR EMPLOYMENT OR INTERVIEWING
 FOR EMPLOYMENT WITH SUCH EMPLOYER OR AGENT THEREOF. FOR PURPOSES OF THIS
 SUBDIVISION "ANY INQUIRY" MEANS ANY QUESTION COMMUNICATED TO  AN  APPLI-
 CANT  IN  WRITING  OR  OTHERWISE,  OR ANY SEARCHES OF PUBLICLY AVAILABLE
 RECORDS OR CONSUMER REPORTS  THAT  ARE  CONDUCTED  FOR  THE  PURPOSE  OF
 OBTAINING  AN  APPLICANT'S CRIMINAL BACKGROUND INFORMATION. FOR PURPOSES
 OF THIS SUBDIVISION, "ANY STATEMENT" MEANS A STATEMENT  COMMUNICATED  IN
 WRITING  OR  OTHERWISE  TO  THE  APPLICANT  FOR PURPOSES OF OBTAINING AN
 APPLICANT'S CRIMINAL BACKGROUND INFORMATION  REGARDING:  (I)  AN  ARREST
 RECORD; (II) A CONVICTION RECORD; OR (III) A CRIMINAL BACKGROUND CHECK.
   (B)  AN  APPLICANT  SHALL NOT BE REQUIRED TO RESPOND TO ANY INQUIRY OR
 STATEMENT THAT VIOLATES  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  AND  ANY
 REFUSAL  TO RESPOND TO SUCH INQUIRY OR STATEMENT SHALL NOT DISQUALIFY AN
 APPLICANT FROM THE PROSPECTIVE EMPLOYMENT.
   (C) THIS SUBDIVISION SHALL NOT  APPLY  TO  ANY  ACTIONS  TAKEN  BY  AN
 EMPLOYER  OR  AGENT  THEREOF PURSUANT TO ANY STATE, FEDERAL OR LOCAL LAW
 THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES OR BARS
 EMPLOYMENT BASED ON CRIMINAL HISTORY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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