Assembly Bill A9698

2019-2020 Legislative Session

Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status

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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-A9698 (ACTIVE) - Details

See Senate Version of this Bill:
S1971
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §296-e, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6723, S4340
2015-2016: A4342, S3267
2017-2018: A1924, S4504
2021-2022: A4971, S5194
2023-2024: S6984
2025-2026: S6310

2019-A9698 (ACTIVE) - Summary

Prohibits unlawful hiring discrimination by employers and employment agencies based upon an individual's unemployment status including decisions with regard to hiring, compensation or the terms thereof, or conditions or privileges of employment.

2019-A9698 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9698
 
                           I N  A S S E M B L Y
 
                             February 5, 2020
                                ___________
 
 Introduced  by M. of A. PEOPLES-STOKES, TAYLOR -- read once and referred
   to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  prohibiting  unlawful
   hiring  discrimination by employers and employment agencies based upon
   an individual's unemployment status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 296-e
 to read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION  TO  EMPLOYMENT
 AGENCIES;  UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS SECTION, THE
 TERM "UNEMPLOYMENT STATUS" SHALL MEAN AN INDIVIDUAL'S CURRENT OR  RECENT
 UNEMPLOYMENT.
   2.  IT  SHALL  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER,
 THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
 TO BASE AN EMPLOYMENT DECISION WITH REGARD TO  HIRING,  COMPENSATION  OR
 THE  TERMS  THEREOF, CONDITIONS OR PRIVILEGES OF EMPLOYMENT ON THE UNEM-
 PLOYMENT STATUS OF THE APPLICANT OR EMPLOYEE.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYER,
 THE EMPLOYER'S AGENT, REPRESENTATIVE OR DESIGNEE OR AN EMPLOYMENT AGENCY
 FROM PUBLISHING IN PRINT OR ON THE INTERNET AN ADVERTISEMENT FOR  A  JOB
 VACANCY IN THIS STATE THAT CONTAINS A PROVISION:
   A.  SETTING  FORTH QUALIFICATIONS FOR A JOB VACANCY, INCLUDING BUT NOT
 LIMITED TO:
   (1) HOLDING A CURRENT AND VALID PROFESSIONAL OR OCCUPATIONAL  LICENSE,
 CERTIFICATE, REGISTRATION, PERMIT OR OTHER CREDENTIAL; OR
   (2) A MINIMUM LEVEL OF EDUCATION OR TRAINING, OR PROFESSIONAL, OCCUPA-
 TIONAL OR FIELD EXPERIENCE; OR
   B.  STATING  THAT  ONLY  APPLICANTS  WHO  ARE CURRENT EMPLOYEES OF THE
 EMPLOYER WILL BE CONSIDERED FOR THE POSITION.
   4. AN EMPLOYER OR EMPLOYMENT AGENCY THAT IS  FOUND  TO  HAVE  VIOLATED
 THIS SECTION BY THE COMMISSIONER OF LABOR SHALL BE ASSESSED SUCH PENALTY
 AS PROVIDED PURSUANT TO SECTION TWO HUNDRED NINETY-NINE OF THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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