What's happening
This bill prohibits employers in New York from asking about or acting on an applicant's criminal history during the job application process.
Why it matters
Expands protections. for job and license applicants by barring employers from asking about or acting on arrests or criminal accusations that did not lead to a conviction, closing loopholes that might allow discrimination based on dismissed or dropped charges.
Shifts the timing of criminal history inquiries. so employers cannot ask about or require disclosure of any convictions during the application process or before/during the first interview, meaning applicants are initially evaluated on qualifications rather than criminal records.
Limits employer discretion. by only allowing discussion of criminal convictions if the applicant brings it up voluntarily during an interview, reducing the risk of bias or automatic disqualification based on past convictions.
Could increase employment opportunities. for people with criminal histories, supporting reintegration and reducing recidivism by making it easier for them to compete fairly for jobs and occupational licenses.
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Who cares
Employers and hiring managers
The bill would bar conviction inquiries during the application process and before and during the first interview, while allowing discussion of convictions an applicant voluntarily discloses at the interview.
Job applicants with criminal convictions
The bill would protect them from having to disclose convictions during the application process and before and during the first interview.
Employment and license applicants with nonpending arrests that did not lead to convictions
The bill would prohibit employers from asking about those arrests, requiring their disclosure or taking adverse action based on them.
Headline styles
Ban Criminal Record Questions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
3 Multi-sponsors
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2770
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. PEOPLES-STOKES, MOSLEY -- Multi-Sponsored by -- M. of A. COOK, PERRY, WRIGHT -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting employers from inquiring about an applicant's criminal arrests or convictions during the application process
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 201-g to read as follows:
§ 201-g. Prohibition against unfair discrimination against applicants for licensing or for employment previously arrested or convicted of criminal offenses. 1. In connection with the licensing or employment of any person, no employer shall knowingly and intentionally:
a. make any inquiry about or take any adverse action against any person on the basis of any arrest or criminal accusation made against such person, which is not then pending against that person and which did not result in a conviction; or
b. require any person to disclose or reveal any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction.
2. In connection with the licensing or employment of any person, no employer shall knowingly or intentionally:
a. make any inquiry regarding or require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has accepted an employment application; or
b. make any inquiry regarding or require a person to disclose or reveal any criminal convictions against such person before and during the first interview. If an employer conducts an interview, the employer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03208-01-7
A. 2770 2
is prohibited from making any inquiries or gathering any information regarding the applicant's criminal convictions. If the applicant voluntarily discloses any information regarding his or her criminal convictions at the interview, the employer may discuss the criminal conviction disclosed by the applicant.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.