NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4044
SPONSOR: Weprin TITLE OF BILL:
An act to amend the correction law, in relation to written statements
upon any adverse action against any person previously convicted of a
criminal offense
PURPOSE OR GENERAL IDEA OF BILL:
This bill clarifies an omission in Article 23A of the correction law
that protects applicants with criminal histories from employment
discrimination but does not extend that same protection to individuals
at their current place of employment.
This bill addresses such omission by applying the same requirements to
employers upon taking adverse action to current employees on the basis
of one or more criminal convictions that occurred prior to the instant
employment as-current law already requires of employers in denying
applicants for employment on the same basis.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 754 of the correction law to
clarify that persons against whom an adverse action is taken by an
employer of licensing agency based on a prior criminal record have the
right to receive written reasons for such adverse action.
Section two is the effective date.
HISTORY:
In 2007, the Legislature, recognizing that it was inconsistent to
protect applicants with criminal histories from employment discrimi-
nation but not extend that same protection to individuals who were
already employed, amended § 751 of the Correction Law, so that current
employees and license holders with criminal histories, as well as appli-
cants, were protected against unfair discrimination. Unfortunately, a
companion piece to that section of the law, § 754 of the Correction Law,
which also only pertains to applicants for employment, was not amended
at the same time to extend its applicability to current employees.
As currently written, § 754 requires employers who deny a license to
employment to people with criminal histories to write a statement, upon
request, explaining the reasons for the denial. In order to ensure that
the protections of the Correction Law are consistent, this bill extends
to current employees the same protection.
JUSTIFICATION:
The requirement of § 751 of the Correction Law that employers, upon
request, provide a written statement setting forth the reasons why they
denied a person with a criminal record a job or license, has proven very
helpful in facilitating the gainful employment of individuals with crim-
inal histories. For example, in some cases, employers have relied on
background checks that contain erroneous information. When apprised of
that fact, applicants have the opportunity to correct those inaccuracies
so that they can more easily find employment in the future. In other
cases, employers occasionally are unfamiliar with New York's law that,
prohibits discrimination based on criminal history. When they receive a
request under 5754 for an explanation of why they denied a person with a
criminal history a job or license, they become acquainted with New
York's anti-discrimination law and sometimes reverse their decision.
Current employees should have the same opportunities as applicants to
determine the reason for an employer's adverse action against them. By
extending § 754's protection, current employees will have a better
chance to remain productive, tax-paying, and law-abiding citizens.
Section 754 of the Correction Law is an important tool in promoting New
York's strong, longstanding policy of encouraging the employment of
qualified individuals with criminal records and should be extended to
current employees.
PRIOR LEGISLATIVE HISTORY:
Referred to Correction in 2011, 2012, 2013, 2014, 2015, 2016.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
90 days.
STATE OF NEW YORK
________________________________________________________________________
4044
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
___________
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and
referred to the Committee on Correction
AN ACT to amend the correction law, in relation to written statements
upon any adverse action against any person previously convicted of a
criminal offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 754 of the correction law, as added by chapter 931
2 of the laws of 1976, is amended to read as follows:
3 § 754. Written statement upon denial of license or employment or other
4 adverse action. At the request of any person previously convicted of
5 one or more criminal offenses who has been denied a license or employ-
6 ment or against whom an adverse action has been taken with respect to a
7 license or employment, a public agency or private employer shall
8 provide, within thirty days of a request, a written statement setting
9 forth the reasons for such denial or adverse action.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05023-01-7
