BILL NUMBER: S5163
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting discrimi-
nation based on status as a person with a prior conviction
 
PURPOSE:
To provide persons with prior convictions protections against discrimi-
nation during the terms of their employment. If passed, New York will be
the second state in the country to afford persons with prior convictions
the same protections as enumerated under Title VII.
 
SUMMARY OF PROVISIONS:
Executive Law Section 296 will be amended to afford persons with prior
convictions recourse should they experience discrimination in the work-
place. Such protections include but are not limited to the following:
protections against disparate treatment (i.e not limited to salaries,
promotions, training, job opportunities and other working conditions); a
hostile work environment; retaliation; and or employment policies and or
practices that-have a disparate impact on persons with their protected
status.
 
JUSTIFICATION:
According to a study conducted by John Jay's Data Collaborative for
Justice 2.1 million out of 9.7 million New Yorkers have records of prior
convictions. Data from the same study also shows that the underemploy-
ment of persons with prior convictions, costs the state $12.6 billion
annually.
Persons with carceral histories deserve a workplace free of discrimi-
nation and retaliation. They have served their debts to society and
deserve a second chance to right the courses of their lives. As it
stands, although the law permits them protection against discrimination
in the hiring, application and in some instance licensing processes, the
law is silent as it pertains to any such protections once they have
obtained employment.
This bill seeks to provide persons with prior carceral histories a
second chance. The objective is to equip persons with prior carceral
histories with recourse to ameliorate the pervasive stigma associated
with their status. By doing so the incidence of recidivism will be
reduced, as will the costs to the State's taxpayers.
 
LEGISLATIVE HISTORY:
2024: S9189 Comrie
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
On the first of January next succeeding the date on which it shall have
become a law.