What's happening
This bill directs the Department of Civil Service to study whether public employment exams in New York have a discriminatory effect on minority candidates.
Why it matters
Seeks to identify both direct and indirect sources of bias. The bill mandates a comprehensive review not just of test questions, but also factors like exam location accessibility, scheduling, preparation resources, and technology barriers, aiming to uncover less obvious ways exams might disadvantage minority candidates.
Requires granular, agency-level data collection. By compelling the Department of Civil Service to break down results and hiring statistics by agency and municipality, the study could reveal patterns of disparity that are masked in statewide averages, highlighting where interventions may be most needed.
May influence future civil service hiring practices and diversity initiatives. The findings could lead to changes in exam design, administration, or outreach, potentially making public employment more accessible and equitable for minority groups—thus impacting the makeup of New York’s public workforce.
Enhances governmental accountability and transparency. By requiring a public report to top state leaders and explicitly protecting individuals’ privacy, the bill aims to foster trust in the fairness of civil service hiring and ensure the process is subject to legislative and public scrutiny.
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Who cares
Department of Civil Service
The department would have to study potential discriminatory effects of public employment exams and report its findings to the governor and legislative leaders within one year.
Minority civil service examinees
The study would examine disparities in exam results and barriers involving test locations, scheduling, preparation materials and technology.
Municipal civil service commissions
Their competitive exams would be reviewed for questions or other content that have or could have discriminatory effects on minority examinees.
State agencies and municipalities
The study would compare their annual minority and non-minority hiring percentages, and the department could request relevant information from state agencies.
Headline styles
Study Bias in Hiring Exams
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to ways and means
- Reported referred to ways and means
- Print number 1306a
- Amend and recommit to governmental employees
- Referred to governmental employees
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.
Study Exam Bias for Minorities
In Senate Committee · Civil Service And Pensions · Sponsor Samra Brouk
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1306--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. MEEKS, LUNSFORD, BRONSON, REYES, ZINERMAN, COOK, RAMOS, GIBBS, RAGA, LUCAS, SEPTIMO, TAYLOR, ALVAREZ, EPSTEIN, DAVILA, BICHOTTE HERMELYN, O'PHARROW, SMULLEN, HYNDMAN -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to direct the department of civil service to conduct a study on competitive examinations for public employment to determine whether the contents of such examinations have a discriminatory effect on minority examinees; and providing for the repeal of such provision upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes of this act the following terms shall have the following meanings:
(a) "agency" means any department, board, bureau, commission, division, office, council, committee, public benefit corporation or public authority at least one of whose members is appointed by the governor.
(b) "competitive examination" means competitive examinations for public employment held by the state department of civil service and by municipal commissions, as such term is defined by section two of the civil service law.
(c) "minority" shall have the same meaning as "minority group member", as defined in subdivision four of section two hundred ten of the economic development law.
§ 2. (a) The department of civil service shall conduct a study on competitive examinations for public employment held by the state department of civil service and by municipal commissions to determine whether the contents of such examinations have a discriminatory effect on minority examinees.
(b) Such study shall include, but not be limited to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02190-02-5
(i) the total number of minority and non-minority competitive examination examinees;
(ii) a comparison of competitive examination results for minority examinees compared to non-minority examinees;
(iii) an agency by agency, and municipality by municipality, breakdown containing the percentage of minority employees hired each year compared to non-minorities;
(iv) an investigation on the questions and other contents of competitive examinations to determine whether any such questions or other contents have or could have a discriminatory effect on minority examinees compared to non-minority examinees, and if so, the nature of such discriminatory effect;
(v) an investigation of ancillary factors contributing to competitive examinations having a discriminatory effect on minority examinees compared to non-minority examinees, including, but not limited to accessibility to competitive examination locations, times competitive examinations are held, accessibility to competitive examination preparation courses and study materials, and technological barriers; and
(vi) any other information the president of the department of civil service shall deem necessary.
§ 3. The department of civil service may request, and is authorized to receive, any information from any agency that is relevant and material to the completion of the study under section two of this act. Such information received by the department of civil service shall be subject to the same requirements for confidentiality and limitations on use, if any, as are applicable to such agency's use of such information and may only be utilized by the department and the commissioner of civil service for purposes authorized by this act.
§ 4. No later than one year after the effective date of this act, the state department of civil service shall deliver a report of its findings of the study conducted pursuant to section two of this act to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly. The contents of such report shall not contain the personally identifiable information of any individual.
§ 5. This act shall take effect immediately and shall expire and be deemed repealed two years after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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