AB2770 Summary:

BILL NOA02770
 
SAME ASNo Same As
 
SPONSORPeoples-Stokes (MS)
 
COSPNSRMosley
 
MLTSPNSRCook, Perry, Wright
 
Add §201-g, Lab L
 
Prohibits employers from inquiring about an applicant's criminal arrests or convictions during the application process.
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AB2770 Actions:

BILL NOA02770
 
01/23/2017referred to labor
01/03/2018referred to labor
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AB2770 Committee Votes:

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AB2770 Floor Votes:

There are no votes for this bill in this legislative session.
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AB2770 Memo:

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
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AB2770 Text:



 
                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.
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