BILL NUMBER: S6984

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:

2020 S1971 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2020 A9698 referred to governmental operations

2019 S1971 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2018 S4504 REFERRED TOINVESTIGATIONS AND GOVERNMENT OPERATIONS

2018 A1924 referred to governmental operations

2017 S4504 REFERRED TO INVESTIGATIONS AND GOVERMENT OPERATIONS

2017 A1924 referred to governmental operations

2016 S3267 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2016 A4342 referred to governmental operations

2015 S3267 REFERRED TO INVESTIGATION AND GOVERMENT OPERATIONS

2015 A4342 referred tog overnmental operations

 
FISCAL IMPLICATIONS:

Yet to be determined

 
LOCAL FISCAL IMPLICATIONS:

Yet to be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.