S T A T E O F N E W Y O R K ________________________________________________________________________ 6405 2015-2016 Regular Sessions I N A S S E M B L Y March 24, 2015 ___________ Introduced by M. of A. JOYNER, ARROYO, BARRON, BROOK-KRASNY, CLARK, COOK, GOTTFRIED, GUNTHER, LAVINE, LINARES, MILLER, MOSLEY, O'DONNELL, OTIS, SCARBOROUGH, SCHIMEL, SIMON, SKOUFIS -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to prohibiting student loan payment history checks in making employment decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The labor law is amended by adding a new section 219-d to 2 read as follows: 3 S 219-D. STUDENT LOAN PAYMENT HISTORY; EMPLOYMENT. 1. EXCEPT IN THOSE 4 CASES OTHERWISE MANDATED BY LAW, IT SHALL BE AN UNLAWFUL DISCRIMINATORY 5 PRACTICE FOR AN EMPLOYER TO REQUEST OR TO USE FOR EMPLOYMENT PURPOSES 6 INFORMATION CONTAINED IN THE CONSUMER CREDIT HISTORY INDICATING THE 7 PAYMENT STATUS OF A STUDENT LOAN, AS DEFINED IN SUBDIVISION FOURTEEN OF 8 SECTION SIXTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW, OF AN 9 APPLICANT FOR EMPLOYMENT OR OTHERWISE DISCRIMINATE AGAINST SUCH APPLI- 10 CANT WITH REGARD TO HIRING DECISIONS. 11 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSUMER CREDIT HISTO- 12 RY" SHALL MEAN ANY INFORMATION BEARING ON AN INDIVIDUAL'S CREDIT WORTHI- 13 NESS, CREDIT STANDING, OR CREDIT CAPACITY, INCLUDING BUT NOT LIMITED TO 14 AN INDIVIDUAL'S CREDIT SCORE, CREDIT ACCOUNT AND OTHER CONSUMER ACCOUNT 15 BALANCES, AND PAYMENT HISTORY. 16 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09450-01-5