S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3726
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, REYES, CRUZ, SAYEGH, SIMON, WILLIAMS,
   DARLING, HYNDMAN --  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 23 to read as follows:
   23.  (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00660-01-3
 A. 3726                             2
              

 
 THAT REQUIRES CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES OR BARS
 EMPLOYMENT BASED ON CRIMINAL HISTORY.
   (D)  (I)  UPON  EXTENDING  A  JOB  OFFER TO AN APPLICANT, AN EMPLOYER,
 EMPLOYMENT AGENCY OR AGENT THEREOF MAY PERFORM AN INQUIRY RELATED TO THE
 ARREST RECORD OR CONVICTION RECORD OF THE RECIPIENT OF SUCH JOB OFFER.
   (II) IF SUCH AN EMPLOYER, EMPLOYMENT AGENCY OR AGENT THEREOF REVOKES A
 JOB OFFER BASED ON THE RESULT OF AN INQUIRY RELATED TO THE ARREST RECORD
 OR CONVICTION RECORD OF THE RECIPIENT OF A JOB OFFER, THE EMPLOYER SHALL
 PROVIDE A WRITTEN EXPLANATION OF THE REASON SUCH OFFER IS BEING REVOKED.
 SUCH WRITTEN EXPLANATION SHALL INCLUDE A  PRINTED  COPY  OF  ANY  REPORT
 INDICATING  THE ARREST RECORD OR CONVICTION RECORD OF THE RECIPIENT OF A
 JOB OFFER.
   (III) AN APPLICANT HAVING A JOB OFFER REVOKED PURSUANT TO THIS  SUBDI-
 VISION SHALL HAVE FIVE BUSINESS DAYS TO RESPOND TO THE REPORT INDICATING
 THE ARREST RECORD OR CONVICTION RECORD OF SUCH APPLICANT.
   § 2. This act shall take effect immediately.