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NY A07058

Bill

Status

Introduced

4/21/2021

Primary Sponsor

Rodneyse Bichotte Hermelyn

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

A.7058 - New York State Fair Chance Act

  • Prohibits employers from denying employment or taking adverse action based on criminal convictions, pending arrests, or criminal accusations, with limited exceptions for law enforcement positions and roles involving vulnerable populations.

  • Requires employers to wait until after extending a conditional offer of employment before inquiring about an applicant's criminal history, and mandates providing written notice, analysis, and at least seven business days for applicant response before taking adverse action.

  • Establishes a presumption of rehabilitation for individuals with felony convictions after 10 years without additional convictions, and for misdemeanor convictions after 5 years without additional convictions.

  • Prohibits employers from inquiring about or denying employment based on non-pending arrests that were dismissed, adjournments in contemplation of dismissal, youthful offender adjudications, or sealed convictions.

  • Lowers the threshold for "private employer" coverage under fair chance employment laws from 10 or more employees to 4 or more employees, and extends protections to cover arrests, charges, and convictions occurring during employment.

Legislative Description

Prohibits discrimination based on a person's arrest record or criminal conviction.

Last Action

referred to correction

1/5/2022

Committee Referrals

Correction5/5/2021
Governmental Operations4/21/2021

Full Bill Text

No bill text available