Senate Bill S3389A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3389--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law and the executive law, in relation to
   establishing  that  it  is  an  unlawful  discriminatory  practice for
   prospective employers to make certain inquiries relating  to  criminal
   convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 750  of  the  correction  law,  as
 amended  by  chapter  284  of  the  laws  of 2007, is amended to read as
 follows:
   (3) "Direct  relationship"  means  that  THERE  IS  AN  IMMEDIATE  AND
 SUBSTANTIAL  CONNECTION  BETWEEN  the  nature  of [criminal conduct] THE
 CRIME for which the person was convicted [has a direct  bearing  on  his
 fitness  or ability to perform one or more of] AND the duties or respon-
 sibilities necessarily related to the license, opportunity,  or  job  in
 question  AND SUCH CONNECTION WOULD CREATE AN UNREASONABLE RISK TO PROP-
 ERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE  GENERAL
 PUBLIC UPON THE ISSUANCE OR CONTINUATION OF A LICENSE OR THE GRANTING OR
 CONTINUATION OF EMPLOYMENT OF SUCH PERSON.
   §  2.  Section 752 of the correction law, as amended by chapter 284 of
 the laws of 2007, is amended to read as follows:
   § 752. Unfair discrimination against persons previously  convicted  of
 one  or  more  criminal offenses prohibited.   1. No application for any
 license or employment, and no employment or license held by an  individ-
 ual,  to  which  the provisions of this article are applicable, shall be
 denied or acted upon adversely by reason of the individual's having been
 previously convicted of one or more criminal offenses, or by reason of a
 finding of lack of "good moral character" when  such  finding  is  based
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07099-02-1

 S. 3389--A                          2
 
 upon  the  fact that the individual has previously been convicted of one
 or more criminal offenses, unless[:
   (1)]  there  is a direct relationship, AS DEFINED IN SUBDIVISION THREE
 OF SECTION SEVEN HUNDRED FIFTY OF THIS ARTICLE, between one or  more  of
 the  previous  criminal  offenses and the specific license or employment
 sought or held by the individual[; or
   (2) the issuance or continuation of the license  or  the  granting  or
 continuation  of  the  employment  would involve an unreasonable risk to
 property or to the safety or welfare  of  specific  individuals  or  the
 general public].
   2.    NO  PUBLIC  OR  PRIVATE EMPLOYER TO WHICH THE PROVISIONS OF THIS
 ARTICLE ARE APPLICABLE, UNLESS SPECIFICALLY  REQUIRED  OR  PERMITTED  BY
 STATUTE,  SHALL  MAKE ANY INQUIRY ABOUT, WHETHER IN ANY FORM OF APPLICA-
 TION OR OTHERWISE, OR ACT UPON  ADVERSELY  TO  THE  INDIVIDUAL  INVOLVED
 BASED  UPON,  ANY  CRIMINAL  CONVICTION  OF  SUCH INDIVIDUAL UNLESS SUCH
 EMPLOYER FIRST MAKES A CONDITIONAL OFFER OF EMPLOYMENT TO SUCH  INDIVID-
 UAL. SUCH CONDITIONAL OFFER OF EMPLOYMENT MAY ONLY SUBSEQUENTLY BE WITH-
 DRAWN  ON  THE  BASIS  OF  A CRIMINAL CONVICTION IN ACCORDANCE WITH THIS
 ARTICLE WHERE SUCH CONVICTION BEARS A DIRECT RELATIONSHIP TO THE SPECIF-
 IC POSITION BEING OFFERED.
   § 3. 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  ANY
 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.