NY State Senate Bill 2019-S1971

Senate Bill S1971

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Jan 18, 2019	referred to investigations and government operations

2019-S1971 (ACTIVE) - Details

See Assembly Version of this Bill:: A9698
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add §296-e, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4340, A6723
2015-2016: S3267, A4342
2017-2018: S4504, A1924
2021-2022: S5194, A4971
2023-2024: S6984

2019-S1971 (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-S1971 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1971

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section One of the bill amends the executive law to prohibit discrimina-
tory hiring practices based upon an individual's unemployment status.

Subdivision 1 defines "unemployment status."

Subdivision 2 makes it unlawful for an employer, employer's agent,
representative or designee or an employment agency to base an employment
decision upon the unemployment status of the applicant.

Subdivision 3 states that, notwithstanding this amendment, an employer
can require educational or licensing or minimum experience requirements

for new hires. Additionally, employers can restrict hiring for new posi-
tions only to current employees of the employer.

Section Two of the bill states that this act will take effect immediate-
ly.

 
EXISTING LAW:

None

 
JUSTIFICATION:

Since the financial crisis and collapse of the U.S. economy in 2008,
many workers found themselves unexpectedly unemployed. Those who found
themselves unemployed included workers from across the demographic and
economic spectrums. Many businesses closed and such closings inflicted
harm to local communities and put many of their citizens out of work.
Business activity slowed forcing lay-offs in business from fast food
outlets to Fortune 500 corporations. The unemployment line crew and
contained workers from janitors to attorneys.

Many of the newly unemployed had held their positions for years and some
for decades. Through no fault of their own, as the economic recovery
from the worst financial crisis in seven decades was slow to develop,
many victims of the economic crisis have remained unemployed for 6
months, 12 months or more.

As more employers hire during the economic recovery, many employers will
not consider candidates who are unemployed. This discriminatory process
unfairly harms individuals who are unemployed by no fault of their own
and can harm the economy of New York State as it creates a class of
workers who are incapable of finding work even though they are ready,
willing and able to reenter the workforce.

 
LEGISLATIVE HISTORY:

01/06/16 Referred to Investigations and Government Operations
02/04/15 Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

Yet to be determined

 
LOCAL FISCAL IMPLICATIONS:

Yet to be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1971 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1971
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06341-01-9

 S. 1971                             2
 
   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.

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