Relates to retaliation against other jurisdictions which discriminate against hiring New York state residents

Title of bill

An act to amend the civil service law, in relation to retaliation against other jurisdictions which discriminate against hiring New York state residents

Purpose

This bill will prohibit persons, whose primary residence is in a discriminatory jurisdiction, from being hired by a public employer in the state of New York.

Summary of provisions

Section 1. Amends the civil service law by adding a new section 12 as it relates to retaliating against jurisdictions with discriminatory public employment laws. The civil service commission would be required to develop a list of discriminatory jurisdictions which would include any state that prohibits out of state residents from gaining employment in the public sector. Public employers in New York State would be prohibited from hiring any person who resides in a discriminatory jurisdiction however a person shall have up to one year to move into a non-discriminatory jurisdiction. Employees living in a discriminatory jurisdiction at the time of the list's effective date would be grandfathered in. A person living in a discriminatory jurisdiction may apply for a waiver from the provisions if they can demonstrate to the commission that moving into a non-discriminatory would cause an undue hardship.

Section 2. Provides the authority to the civil service commission to promulgate regulations to implement the act on or before its effective date.

Section 3. Effective date.

Justification

This legislation would protect New York State residents from other state's discriminatory laws which unfairly restrict employment to out of state residents. These laws hurt the regional economy and impede the flow of human capital between states. A public employer should hire the person with the best qualifications not based on where they live.

This bill would provide reciprocity with states that have fair labor laws which do not restrict employment of New York residents. States that have restrictive public employment laws will be labeled a "discriminatory jurisdiction" which will prevent residents in those states from applying for public jobs in New York. This bill will create a level playing field for all prospective employees, by ensuring parity and fairness between states.

Legislative history

2014: S7750/A9157-A - Civil Service & Pensions/Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which is shall have become a law.