STATE OF NEW YORK
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8789
IN SENATE
January 8, 2026
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to the definition
of the term employer and to the requesting or use for employment
purposes of the consumer credit history of an applicant for employment
or employee by an employer, labor organization, employment agency or
any agent thereof; and to repeal certain provisions of a chapter of
the laws of 2025 amending the general business law relating to prohib-
iting the disclosure or use of a person's consumer credit history to
an employer, labor organization, employment agency or agent thereof
for purposes of employment decisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 380-a of the general business law is amended by
2 adding a new subdivision (x) to read as follows:
3 (x) The term "employer" means any individual, partnership, corporation
4 or association engaged in a business who has employees including the
5 state and its political subdivisions.
6 § 2. Subparagraph (iii) of paragraph 2 of subdivision (d) of section
7 380-b of the general business law, as added by a chapter of the laws of
8 2025 amending the general business law relating to prohibiting the
9 disclosure or use of a person's consumer credit history to an employer,
10 labor organization, employment agency or agent thereof for purposes of
11 employment decisions, as proposed in legislative bills numbers S. 3072
12 and A. 1316, is amended to read as follows:
13 (iii) persons in a position that is subject to background investi-
14 gation by a state agency[, provided, however, that the appointing agency
15 may not use consumer credit history information for employment purposes
16 unless the position is an appointed position in which a high degree of
17 public trust, as defined by the commission in rules, has been reposed.];
18 § 3. Section 3 of a chapter of the laws of 2025 amending the general
19 business law relating to prohibiting the disclosure or use of a person's
20 consumer credit history to an employer, labor organization, employment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01708-02-6
S. 8789 2
1 agency or agent thereof for purposes of employment decisions, as
2 proposed in legislative bills numbers S. 3072 and A. 1316, is REPEALED.
3 § 4. This act shall take effect on the same date and in the same
4 manner as a chapter of the laws of 2025 amending the general business
5 law relating to prohibiting the disclosure or use of a person's consumer
6 credit history to an employer, labor organization, employment agency or
7 agent thereof for purposes of employment decisions, as proposed in
8 legislative bills numbers S. 3072 and A. 1316, takes effect.
