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Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5151
Title of bill
An act to amend the labor law, in relation to prohibiting discrimination against unemployed job applicants
Purpose
To prohibit employers or their agents from discriminating against unemployed applicants or publish, in print or on the internet, an advertisement for any job vacancy that prohibits, announces or suggests that unemployed individuals need not apply for a job vacancy.
Summary of provisions
§ 1, Subdivision 1 amends the labor law by adding a new section §215-d: Discrimination against unemployed applicants for employment. This section prohibits an employer from discriminating against an applicant based on their job status. Subdivision 2 Prohibits an employer or employer's agent, representative, or designee from publishing an advertisement for any job vacancy that stipulates that job qualifications include that the applicant be currently employed; and that the prospective employer will not consider an application for employment by any applicant currently unemployed; or any provision which states or suggests that only job applicants who are currently employed will be reviewed for consideration. Subdivision 3 creates a penalty to those employers who violate these provisions through a civil penalty not to exceed five thousand dollars for the first violation and ten thousand dollars for each subsequent violation payable to the labor commission.
§ 2 is the effective date.
Justification
During this time of high unemployment it is unconscionable for a prospective employer to eliminate from consideration any individual, through no fault of their own, that may be currently unemployed. New Jersey has recently enacted similar legislation which bans discrimination against the jobless in print or online. The first in the nation legislation, enacted by New Jersey, highlights the premise that a person should be employed based on skill and ability not the nation's economic downturn.
Legislative history
2011 - New Bill
Fiscal implications
None.
Effective date
Takes effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.