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- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
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Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status
In Assembly Committee · Governmental Operations · Sponsor Keith L.T. Wright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S677
Title of bill
An act to amend the executive law, in relation to unlawful hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status
Purpose
To make it unlawful to refuse to hire someone based on their unemployment status.
Summary of provisions
Section 1 of the Executive Law is amended by adding a new section 296-c to make it illegal for an employer or licensing agency, or an employment agency to refuse to hire or employ or to discriminate against an individual in compensation or in terms, conditions or privileges of employment because of the individual's unemployment status. Additionally, this Section makes it illegal for any employer or employment agency to print or circulate any statement, advertisement or publication, or to use any form of application for employment or make any inquiry in connection with prospective employment which discriminates against an individual because of the individual's unemployment status.
The term "unemployment status" is defined as being unemployed having actively looked for employment during the most recent four week period, and currently being available for employment.
Section 2 of this bill is the immediate effective date.
Justification
Current New York law allows employers, employment organizations or licensing agencies to refuse to hire an individual based on their unemployment status. In New York State as of March 2011, the U.S. Labor Department reports that the unemployment rate is 8.5 percent and the average length of time that an individual has been unemployed has become longer. According to the US Bureau of Labor Statistics, in March 2011, the average length of unemployment rose to 39 weeks, the longest time on record.
Because the unemployment rate and the length of time to find a new job is at an all time high, the practice of excluding the unemployed has become a concern for job seekers who were not laid off due to poor performance and are actively seeking employment. This trend of excluding the jobless has become so common in New York State that a recent survey of the advertisements posted on Craigslist by New York employers reveals that a company looking for a Lead Cook/Sous Chef in Garrison, New York states that the applicant must be "currently employed in a similar position." Another advertisement for a full-time sales position in Plattsburgh, New York says they are looking for someone currently employed. There are many more examples. Recently, New Jersey has enacted a law that prohibits prospective employers from publishing advertisements for employment that exclude the unemployed.
This legislation will ensure that the growing number of unemployed workers, who are unemployed for longer durations, will have an equal opportunity to seek employment by leveling the playing field for all applicants.
Legislative history
New Bill - 2011 2011/2012 - Died - Investigations & Government Operations Committee
Fiscal implications
No fiscal impact.
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.