Makes it an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

BILL NUMBER:S5428

Title of bill

An act to amend the correction law and the executive law, in relation to establishing that it is an unlawful discriminatory practice for prospective employers to make certain inquiries relating to criminal convictions

Purpose

This bill will curtail unlawful discriminatory practices against persons with criminal records and help to ensure that employers abide by the provisions of Article 23-A of the correction law.

Summary of provisions

Section 1 of the bill amends the correction law to change the definition of "direct relationship" and provide that in order to deny a person employment or a license based on a criminal record, there must be a connection between the specific duties or responsibilities of the job or license and the nature of the criminal conviction and such connection must create an unreasonable risk to property or public safety.

Section 2 of the bill amends the correction law to provide that no employer may ask about a criminal conviction unless such employer first makes a conditional offer of employment. Such offer could then be withdrawn in accordance with Article 23-A of the correction law, where there is a direct relationship between the employment and the conviction, and hiring the person would threaten public safety or property.

Section 3 of the bill amends the human rights law to include the amended language of the correction law.

Section 4 of the bill provides that the act shall take effect On the ninetieth day after it shall have become law.

Justification

Upon return to the community following incarceration, individuals are expected to find and maintain gainful employment. Finding effective ways to manage their reentry into the workforce is critical to promoting public safety and curbing recidivism rates and the high costs of reincarceration. Unfortunately, many employers maintain blanket barriers to employment based solely on criminal conviction records even when the conviction may be completely unrelated to the job sought and no threat to the public or property is present.

Article 23-A of the correction law prohibits discrimination against a person with a criminal record unless the duties or responsibilities of the job or license sought are directly related to the conviction. This bill will help to ensure that employers abide by the standards of Article 23A and do not automatically disqualify applicants based only on a criminal conviction.

Legislative history

2009-10: A.5330 (Aubry) Referred to Correction

Fiscal implications

Successful re-entry and re-integration of formerly incarcerated individuals will increase state revenues through the inclusion of thousands of able-bodied, "taxpaying citizens" to the state's workforce; additional savings to the state will inure from a reduction in costs associated with recidivism, re-incarceration and social services.

Local fiscal implications

None.

Effective date

This act will take effect on the ninetieth day after it shall have become law.