S.2884-A (Sanders) / A.2611-A (Dinowitz)

STAFF CONTACT :

Director, Center for Human Resources
518.455.7180

BILL

S.2884-A (Sanders) / A.2611-A (Dinowitz)

SUBJECT

Prohibits the Disclosure or Use of Consumer Credit History in Hiring, Employment and Licensing Determinations

DATE

Oppose

This bill would prohibit employers from requesting a consumer credit report or using the results of a consumer credit report for employment decision purposes. The Business Council, on behalf of its more than 2,300 members, opposes this proposed legislation.

Use of consumer credit reports are an important tool in the screening and selection process for many employers. In businesses where securing financial assets is critical, credit report investigations provide an important tool in determining the most qualified candidate. It is vital that businesses protect the financial assets of their business and the assets and personal information of the consumers they serve.

For employees who, in the course of their employment, have a bona fide occupational requirement for the safe handling of cash and other financial resources, consumer credit reports are prudent steps to protect the safety and soundness of the employers business and consumer private information. 

The laws and best practices currently enforced by the EEOC and the Fair Credit Reporting Act already sufficiently protect employees and prohibit employers from using employment policies and practices that are not job-related and necessary to the operation of the business. There is no evidence that this practice has a disparate impact on any particular group of applicants or employees.  

Enactment of this bill sends the all too familiar message that the New York State Legislature stands ready to find new and different ways to interfere with business and contribute to New York’s reputation as unfriendly to business.  

For these reasons, The Business Council opposes this legislation and respectfully urges that it not be enacted.