S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4483
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 24, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed 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