What's happening
This bill changes how correction law enforcement proceedings are brought, allowing actions through the Division of Human Rights and preserving other legal remedies.
Why it matters
Expands enforcement options. By allowing the Division of Human Rights and the NYC Commission on Human Rights to enforce correction law provisions, the bill could make it easier for individuals to bring forward claims related to discrimination or other violations by both public agencies and private employers.
Preserves broader legal rights. The bill explicitly states that individuals still retain the right to pursue any other legal remedies available under other applicable laws, ensuring that this new enforcement mechanism does not restrict access to courts or other complaint processes.
Potential for increased accountability. Centralizing enforcement with agencies experienced in handling discrimination and civil rights claims may lead to more consistent and specialized handling of such cases, potentially resulting in better outcomes for complainants.
Removes procedural barriers. By eliminating the requirement for certain proceedings to be brought only as Article 78 actions (which can be procedurally complex and limited in remedy), the bill could lower barriers for individuals seeking redress, making the process more accessible.
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Who cares
Headline styles
Change Enforcement of Correction Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Change Correction Law Enforcement
Assembly Floor Calendar · Sponsor Walter T. Mosley
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3352
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the correction law, in relation to the manner through which enforcement proceedings are brought
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 755 of the correction law, as added by chapter 931 of the laws of 1976, is amended to read as follows:
§ 755. Enforcement. [1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the] The provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights; provided, however, that nothing in this section shall be construed to limit the right of a person to pursue any legal remedy available under article fifteen of the executive law or any other applicable provision of law.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04021-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to the manner through which enforcement proceedings are brought
Purpose
The purpose of this bill is to ensure that persons illegally discriminated against by a public employer due to a prior criminal conviction unrelated to the employment sought is able to seek redress with the Division of Human Rights.
Summary of provisions
Section one of the bill amends the correction law to establish that the provisions of Article 23-A of the correction law are enforceable by the Division of Human Rights when a person is illegally discriminated against by a public employer. Section two of the bill is the effective date.
Read the full memo (878 words)
Justification
New York State's Human Rights Law § 297 enumerates the remedies available to a person with a claim of unlawful discrimination. This provision states that, "Any person (emphasis added) claiming to be aggrieved by an unlawful discriminatory practice may, by himself or herself make, sign and file with the division a verified complaint." Inexplicably, under a separate provision of New York State law, one class of persons, those discriminated against by public agencies on the basis of their criminal record, have their remedies limited. Under Section 755 of the Correction Law, individuals denied employment by a public agency because of their criminal record have only one remedy available to them - an Article 78 proceeding in state court. However, individuals wrongly denied employment by a private employer are able to file a complaint with the Division of Human Rights. There is no reason that only people who are discriminated against by a public agency because of their criminal record should be limited to fewer options than those complaining about discrimination by private employers. Thus, this bill amends Section 755 of the Correction Law to give persons who suffer discrimination based on a criminal record by a Public employer access to the same enforcement mechanisms as those discriminated against by private employers.
There are many legal and policy reasons why persons who experience criminal-records based discrimination by public employers should have access to the same enforcement mechanisms available to others who experience discrimination by Private employers:
* Article 78 proceedings cost the State significant amounts of time and money through the use of court personnel (judges, court officers, clerks, etc.), Attorney General and Corporation Counsel resources and time, as well as time spent by the petitioner drafting the appeal and appearing in court. By contrast, the Division of Human Rights and the Commission on Human Rights have streamlined procedures and mechanisms in place as well as expertise in evaluating discrimination claims.
Processing criminal records based discrimination claims administratively, which many individuals would choose to do because it does not require them to obtain legal counsel, will achieve speedy results at less cost to everyone.
*Individuals only have four months to file an Article 78 if they are discriminated against by a public employer. This period is so brief that it has usually passed before many claimants even learn the option of an Article 78 exists, or before they are able to secure legal
representation, which most individuals will need in order to file these cases.
*Even when a claimant does successfully file and win an Article' 78, it is a Pyrrhic victory - the job in question is usually not available by the time the decision is rendered (usually more than a year after the initial job denial) and the agency reconsiders the employment application. By contrast, the Division of Human Rights and the Commission on Human Rights are able to move quickly in evaluating discrimination complaints and working towards settlement.
*Singling out a protected class of persons who are disproportionately from communities of color and limiting the legal remedies available to them may well violate Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, which prohibits private employers and state and local governments from discriminating in employment based upon race, color, gender, national origin, or religion. The Equal Employment Opportunity Commission (EEOC) has ruled that employment policies (which could include statutes that provide legal remedies) that exclude individuals based upon their criminal history may violate the Civil Rights Act because such policies disproportionately impact minorities, who are arrested and convicted at a significantly higher rate than their percentage in the population.
Amending Article 755 of the Correction Law will mean that individuals who are discriminated against by a public agency as a result of their criminal record will be able to obtain real relief for the discrimination they have suffered. It would also extend equal protection to all persons who suffer from discrimination and would save the state time and resources at a time when resources need to be saved.
Legislative history
2009-10: S.4687/A.8012(Jeffries)- Vetoed Memo 6756 2011-12: S.968/A.1874(Jeffries)- Committed to Rules 2013-14: S.3358/A.5173(Mosley)- Referred to Crime Victims, Crime and Correction 2015-16: S.2192/A.2513(Mosley)- Referred to Codes
Fiscal implications
There may be some small increase in administrative costs to the Division of Human Rights as a result of an increase in the filing of complaints.
Local fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after is shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.