New York S 5297: Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee

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S05297 Summary:

BILL NOS05297 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRWALCZYK

&nbsp

MLTSPNSR

&nbsp

Amd §296, Exec L

&nbsp

Relates to unlawful discriminatory practices; requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee.

Go to top S05297 Actions:

BILL NOS05297 

&nbsp

02/20/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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Go to topS05297 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05297 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5297

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sens. SEPULVEDA, WALCZYK -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Investi-
 gations and Government Operations

 AN ACT to amend the executive law, in relation to requiring employers to
 make a conditional offer of employment before inquiring about any
 criminal convictions of a prospective employee

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 296 of the executive law is amended by adding a new
 2 subdivision 15-a to read as follows:
 3 15-a. It shall be an unlawful discriminatory practice, unless specif-
 4 ically required or permitted by statute, for any prospective employer,
 5 including any person, agency, bureau, corporation or association,
 6 including the state and any political subdivision thereof, to make an
 7 inquiry about, whether in any form of application or otherwise, or to
 8 act upon adversely to the individual involved based upon, any criminal
 9 conviction of such individual unless such employer first makes a condi-
 10 tional offer of employment to such individual. Such conditional offer of
 11 employment may only subsequently be withdrawn on the basis of a criminal
 12 conviction in accordance with article twenty-three-A of the correction
 13 law where such conviction bears a direct relationship, as such term is
 14 defined in subdivision three of section seven hundred fifty of the
 15 correction law, to the specific position being offered, or the granting
 16 of such employment would involve an unreasonable risk to property or to
 17 the safety or welfare of specific individuals or the general public.
 18 § 2. This act shall take effect on the ninetieth day after it shall
 19 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06494-01-5

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