What's happening
This bill prohibits employers from using or requesting student loan payment history when making hiring decisions, with certain exceptions.
Why it matters
Protects job applicants from discrimination based on their student loan payment history. , helping to ensure that financial struggles related to educational debt do not unfairly limit employment opportunities.
Broadens the definition of "consumer credit history". to include student loan payment status, meaning employers are also barred from using other credit-related information (like credit scores or account balances) in hiring decisions, unless required by law.
Includes exceptions for industries or positions where credit history checks are mandated by law or regulation. , such as certain financial sector jobs, meaning not every employer is affected equally.
Addresses a common barrier for individuals with student debt. , potentially increasing workforce participation and reducing the stigma associated with having student loans in default or delinquency.
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Who cares
Job applicants with student loans
The bill would prohibit employers from requesting or using credit-history information about their student loan payment status in hiring, subject to exceptions.
Employers and hiring managers
The bill would make requesting or using applicants’ student loan payment information an unlawful discriminatory practice unless an exception applies.
Employers and agents subject to mandatory credit checks
The bill would exempt those required by state or federal law, regulations or a securities self-regulatory organization to use consumer credit history for employment purposes.
Headline styles
Ban Credit Checks for Jobs
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to labor
- Referred to labor
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.
Ban Student Loan Job Checks
In Senate Committee · Labor · Sponsor Jessica Ramos
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2149
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. JOYNER, COOK, GOTTFRIED, GUNTHER, SIMON -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting student loan payment history checks in making employment decisions
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 219-d to read as follows:
§ 219-d. Student loan payment history; employment. 1. Except as provided in this section and in those cases otherwise mandated by law, it shall be an unlawful discriminatory practice for an employer to request or to use for employment purposes information contained in the consumer credit history indicating the payment status of a student loan, as defined in subdivision fourteen of section sixteen hundred seventysix of the public authorities law, of an applicant for employment or otherwise discriminate against such applicant with regard to hiring decisions.
2. For the purposes of this section, the term "consumer credit history" shall mean any information bearing on an individual's credit worthiness, credit standing, or credit capacity, including, but not limited to, an individual's credit score, credit account and other consumer account balances, and payment history.
3. This section shall not apply to an employer, or agent thereof, that is required by state of federal law or regulations or by a self-regulatory organization, as defined in paragraph twenty-six of subdivision (a) of section three of the securities exchange act of 1934, as amended, to use an individual's consumer credit history for employment purposes.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00177-01-9
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.