NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2825
SPONSOR: Wright TITLE OF BILL: An act to amend the executive law, in relation to
unlawful hiring discrimination by employers, employment agencies and
licensing agencies based upon an individual's unemployment status
PURPOSE:
To make it unlawful to refuse to hire someone based on their unemploy-
ment status.
SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by adding a new section 296-c
(1) (2) (3) to make it illegal for an employer or licensing agency, or
an employment agency to refuse to hire or employ or to discriminate
against an individual in compensation or in terms, conditions or privi-
leges of employment because of the individual's unemployment status.
Section 1 of the Executive Law is amended by adding a new section
Section 296-c (4) of the Executive Law which makes it illegal for any
employer or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective employment
which discriminates against an individual because of the individual's
unemployment status.
The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week period,
and currently being available for employment.
JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their unem-
ployment status. In New York State as of March 2011, the U.S. Labor
Department reports that the unemployment rate is 8.5 percent and the
average length of time that an individual has been unemployed has become
longer. According to the US Bureau of Labor Statistics, in March 2011,
the average length of unemployment rose to 39 weeks, the longest time on
record.
Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid off due to poor
performance and are actively seeking employment. This trend of excluding
the jobless has become so common in New York State that a recent survey
of the advertisements posted on Craigslist by New York employers reveals
that a company looking for a Lead Cook/Sous Chef in Garrison, New York
states that the applicant must be "currently employed in a similar posi-
tion." Another advertisement for a full-time sales position in Platts-
burgh, New York says they are looking for someone currently employed.
There are many more examples. Recently, New Jersey has enacted a law
that prohibits prospective employers from publishing advertisements for
employment that exclude the unemployed.
This legislation will ensure that the growing number of unemployed work-
ers, who are unemployed for longer durations, will have an equal oppor-
tunity to seek employment by leveling the playing field for all appli-
cants.
LEGISLATIVE HISTORY:
2011:- A.7830-A
FISCAL IMPLICATIONS:
No fiscal impact.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2825
2013-2014 Regular Sessions
IN ASSEMBLY
January 18, 2013
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 296-c
2 to read as follows:
3 § 296-c. Unlawful discriminatory practices in relation to licensing or
4 employment agencies; unemployment status. 1. For the purposes of this
5 section, the term "unemployment status" shall mean being unemployed,
6 having actively looked for employment during the then most recent four
7 week period, and currently being available for employment.
8 2. It shall be an unlawful discriminatory practice for an employer or
9 licensing agency, because of an individual's unemployment status, to
10 refuse to hire or to employ or to bar such individual or to discriminate
11 against such individual in compensation or in terms, conditions or priv-
12 ileges of employment.
13 3. It shall be an unlawful discriminatory practice for an employer or
14 an employment agency to discriminate against any individual because of
15 unemployment status in receiving, classifying, disposing or otherwise
16 acting upon applications for its services or in referring an applicant
17 or applicants to an employer or employers.
18 4. It shall be an unlawful discriminatory practice for an employer or
19 an employment agency to print or circulate or cause to be printed or
20 circulated any statement, advertisement or publication, or to use any
21 form of application for employment or to make any inquiry in connection
22 with prospective employment, which expresses directly or indirectly, any
23 limitation, specification or discrimination as to unemployment status,
24 or any intent to make any such limitation, specification or discrimi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00650-01-3
A. 2825 2
1 nation, unless based upon a bona fide occupational qualification;
2 provided, however, that neither this section nor any provision of this
3 chapter or other law shall be construed to prohibit the department of
4 civil service or the department of personnel of any city containing more
5 than one county from requesting information from applicants for civil
6 service examinations concerning the aforementioned characteristic, other
7 than sexual orientation, for the purpose of conducting studies to iden-
8 tify and resolve possible problems in recruitment and testing of members
9 of minority groups to ensure the fairest possible and equal opportu-
10 nities for employment in the civil service for all persons.
11 5. Any employer, employment agency, or licensing agency who violates
12 this section shall be subject to a civil penalty in an amount not to
13 exceed five thousand dollars for the first violation and ten thousand
14 dollars for each subsequent violation.
15 § 2. This act shall take effect immediately.
