S T A T E O F N E W Y O R K
________________________________________________________________________
8997
I N A S S E M B L Y
February 1, 2024
___________
Introduced by M. of A. BICHOTTE HERMELYN, McDONALD, ARDILA, ALVAREZ,
EPSTEIN, AUBRY, REYES, KELLES, LEVENBERG, TAYLOR, BORES -- Multi-Spon-
sored by -- M. of A. McDONOUGH -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting student loan
payment history checks in making employment decisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 219-b to
read as follows:
§ 219-B. STUDENT LOAN PAYMENT HISTORY; EMPLOYMENT. 1. EXCEPT AS
PROVIDED IN THIS SECTION AND IN THOSE CASES OTHERWISE MANDATED BY LAW,
IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO
REQUEST OR TO USE FOR EMPLOYMENT PURPOSES INFORMATION CONTAINED IN THE
CONSUMER CREDIT HISTORY INDICATING THE PAYMENT STATUS OF A STUDENT LOAN,
AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION SIXTEEN HUNDRED SEVENTY-
SIX OF THE PUBLIC AUTHORITIES LAW, OF AN APPLICANT FOR EMPLOYMENT OR
OTHERWISE DISCRIMINATE AGAINST SUCH APPLICANT WITH REGARD TO HIRING
DECISIONS.
2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT HISTO-
RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI-
NESS, CREDIT STANDING, OR CREDIT CAPACITY, INCLUDING, BUT NOT LIMITED
TO, AN INDIVIDUAL'S CREDIT SCORE, CREDIT ACCOUNT AND OTHER CONSUMER
ACCOUNT BALANCES, AND PAYMENT HISTORY.
3. THIS SECTION SHALL NOT APPLY TO AN EMPLOYER, OR AGENT THEREOF, THAT
IS REQUIRED BY STATE OF FEDERAL LAW OR REGULATIONS OR BY A SELF-REGULA-
TORY ORGANIZATION, AS DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (A)
OF SECTION THREE OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, TO
USE AN INDIVIDUAL'S CONSUMER CREDIT HISTORY FOR EMPLOYMENT PURPOSES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00724-02-4
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