NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2770
SPONSOR: Peoples-Stokes (MS)
 
TITLE OF BILL:
An act to amend the labor law, in relation to prohibiting employers from
inquiring about an applicant's criminal arrests or convictions during
the application process
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prohibit employers from asking questions regard-
ing or pertaining to an applicants' prior criminal convictions on
preliminary employment applications.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends the labor law in relation to prohibiting employers from inquiring
about an applicant's criminal arrests or convictions during the applica-
tion process
 
JUSTIFICATION:
Unemployment rates for people who have criminal convictions are at an
all-time high; as a result, many people return to crime as an alterna-
tive and become repeat offenders. Studies have revealed that there is a
direct correlation between high unemployment rates and high recidivism
rates for those who possess a criminal conviction.
Removing questions regarding prior criminal history from employment
applications will give people convicted of crimes a higher chance of
receiving an interview and the opportunity to explain the conviction to
the potential employer.
Many cities and counties across the United States have passed laws to
improve employment opportunities and remove barriers for those who
possess a criminal conviction. Philadelphia, Washington DC, NYC, Chica-
go, Boston MA, and 38 other municipalities have moved to embrace the
revised guidance instructions released by the United States EOC in April
2012. The Commission recommended under Title VII of the Civil Rights Act
of 1964 that as a "best practice...that employers not ask about
convictions on job applications and that, if and when they make such
inquiries, the inquiries be limited to convictions for which exclusion
would be job related for the position in question and consistent with
business necessity".
The Common Council of the City of Buffalo passed a resolution in support
of this policy in July of 2012.
 
PRIOR LEGISLATIVE HISTORY:
A. 7204 of 2014;
A. 2556 of 2015/2016
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
2770
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
Introduced by M. of A. PEOPLES-STOKES, MOSLEY -- Multi-Sponsored by --
M. of A. COOK, PERRY, WRIGHT -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to prohibiting employers from
inquiring about an applicant's criminal arrests or convictions during
the application process
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 201-g to
2 read as follows:
3 § 201-g. Prohibition against unfair discrimination against applicants
4 for licensing or for employment previously arrested or convicted of
5 criminal offenses. 1. In connection with the licensing or employment of
6 any person, no employer shall knowingly and intentionally:
7 a. make any inquiry about or take any adverse action against any
8 person on the basis of any arrest or criminal accusation made against
9 such person, which is not then pending against that person and which did
10 not result in a conviction; or
11 b. require any person to disclose or reveal any arrest or criminal
12 accusation made against such person which is not then pending against
13 that person and which did not result in a conviction.
14 2. In connection with the licensing or employment of any person, no
15 employer shall knowingly or intentionally:
16 a. make any inquiry regarding or require any person to disclose or
17 reveal any criminal convictions during the application process. The
18 application process shall begin when the applicant inquires about the
19 employment being sought and shall end when an employer has accepted an
20 employment application; or
21 b. make any inquiry regarding or require a person to disclose or
22 reveal any criminal convictions against such person before and during
23 the first interview. If an employer conducts an interview, the employer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03208-01-7
A. 2770 2
1 is prohibited from making any inquiries or gathering any information
2 regarding the applicant's criminal convictions. If the applicant volun-
3 tarily discloses any information regarding his or her criminal
4 convictions at the interview, the employer may discuss the criminal
5 conviction disclosed by the applicant.
6 § 2. This act shall take effect immediately.