What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S238
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-o 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.315/A.531 of 2009/2010; Referred to Senate Codes Committee 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.