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S315Senate2009-2010 SessionSame asA531

Relates to immunity for certain employers providing information relating to a former employee to a prospective employer who is an elder care facility

Sponsor George D. MaziarzSD-62Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
George D. Maziarz

Senator · Senate District 62

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil rights law, in relation to employer reference immunity

Purpose

To provide for immunity for employers of nursing homes and elder care facilities that provide information about a former employee to a prospective employer.

Summary of provisions

Amends the Civil Rights Law by adding a new section 79-n which states, "An employer of a nursing home or health care facility may disclose any information about a former employee to the former employee's prospective employer." An employer who discloses information under this section in good faith shall be immune from any civil liability for the disclosure. However, if evidence is established that the information the former employer gave was knowingly false by said employer to the prospective employer about the former employee, a civil liability will be upheld.

Justification

This act will give immunity to health care or nursing home employers who are asked about a former employee's work history. In some cases former employees who have documented occurrences in their personal record of physical, mental and sexual abuse unbeknownst to the prospective employer who are about to employ the former employee. In other instances the clients of the nursing home or elder care facility are either embarrassed, too scared or mentally not capable to press criminal charges and thus the employee is "let go" to prey on more victims at other nursing homes and elder care facilities.

Legislative history

S.110/A.997 of 2007/2008; Referred to Senate Codes Committee S.1167/A.6000 of 2005/06; Referred to Senate Codes Committee S.6637/A.10104 of 2003/2004; Referred to Senate Codes Committee

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.