NYS Senator Stewart-Cousins Announces Legislation to Bar Discrimination Against Unemployed | New York State Senate

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Bill Would Level the Playing Field for Unemployed Job Seekers

Today, Senator Andrea Stewart-Cousins (35th District- D/WF/I) announced at a press conference in her district office, the introduction of Senate bill 5316. The bill would make the unemployed a "protected class" in New York and make it illegal for employers to deny out-of-work applicants an interview or position solely because they are jobless. It would also prohibit employers from posting job advertisements that discourage the unemployed from applying to vacant positions.

The bill is co-sponsored in the Assembly by Assemblyman Keith Wright.

Joining Senator Stewart-Cousins at the press conference were several unemployed Westchester residents who said they had all experienced discrimination in some form because they are unemployed. Senator Stewart-Cousins says their experiences are representative of an increasingly common hiring practice throughout New York and the nation.

“It is fundamentally unfair for employers to refuse to hire, or even accept applications from individuals who are out of work. With the unemployment rate in the State still at staggeringly high levels, this prevents people who have lost their jobs through no fault of their own from getting back on their feet. It is discriminatory, it is wrong and it must not continue,” said Senator Stewart-Cousins.

This announcement came on the same day that the New York State Department of Labor is set to release its latest unemployment statistics. Last month, the Department of Labor reported that the unemployment rate in New York State was 8%.

“This legislation levels the playing field in the job market and makes sure that those who have been hit hardest by the recession are not at a disadvantage in the hiring process,” she continued.

On display at the press conference were several job advertisements by New York employers that expressly stated that applicants would only be considered if they were employed. In one case, a Craigslist ad for a building superintendent position in the Bronx stated “You MUST currently be employed as a Superintendent- This is a REQUIREMENT.” Senator Stewart-Cousins’ legislation would make these discriminatory job ads illegal in New York, similar to a law signed by the Governor of New Jersey in April.

“We have an obligation as legislators, to do what’s right and make sure that the unemployed have a fighting chance at being a part of this economic recovery," the Senator added.

A recent study by SUNY Stonybrook Professor Todd Pittinsky and UCLA M.B.A. students Geoffrey C. Ho, Margaret Shih and Daniel Walters also shows that discrimination against the unemployed is a significant issue. The study found that unemployed job applicants are less likely to receive interviews than employed applicants with the same qualifications.

"Our research suggests that the unemployed may have very legitimate concerns about bias against them,” said SUNY Stonybrook Professor Todd Pittinsky in a statement. “Perhaps most surprising was that these more negative evaluations occurred even when we clarified for research participants that while the worker was unemployed, it was for no cause of his or her own doing.”

The issue has also received nationwide attention. News reports by national sources such as CNN, ABC News and HuffingtonPost have pointed to the growing trend of unemployment discrimination in the job market around the country.

In February, the Equal Employment Opportunity Center held a public meeting on the subject after receiving a letter signed by several members of Congress (including five from New York) urging them to investigate the matter. Several presenters at the meeting confirmed that unemployed job applicants around the country are facing discrimination in the hiring process.

Senator Toby Ann Stavisky co-sponsors the legislation. In a statement, she said: "In this difficult economy it is unconscionable that an unemployed job seeker faces discrimination from potential employers. I am proud to be a co-sponsor of this bill because people seeking work should be on equal footing -- regardless of employment status -- with all other applicants."

Senator Velmanette Montgomery, also a co-sponsor of S. 5316, released this statement: “In these difficult economic times, when wonderfully capable people have been laid off through no fault of their own, and are not able to immediately find other employment, it is imperative that New York State make a clear statement that discrimination in hiring based on current employment status is illegal and will not be tolerated. I thank and applaud my colleague, Senator Andrea Stewart-Cousins, for drafting this important and compassionate piece of legislation. I am proud to be a co-sponsor."

Senator Jose Serrano, who co-sponsors the bill, said: "Considering the high rate of unemployment in New York, excluding a job applicant based on their unemployment status is not only discriminatory, but nonsensical. This bill will level the playing field, giving those who were laid off for reasons unrelated to job performance the opportunity to compete for and obtain any position that they’re fully qualified to hold. I commend Senator Stewart-Cousins for advocating on behalf of unemployed New Yorkers seeking to make positive contributions to our great state."

Another co-sponsor, Senator Michael Gianaris, said: “New Yorkers need jobs and we must do what we can to make it easier for the unemploiyed to find work. Denying the unemployed the opportunity to find a job turns the world on its head and will only prolong the difficult economic climate we face today. Senator Andrea Stewart-Cousins deserves our thanks for championing this proposal and I look forward to seeing it enacted.”

New York State Senator Joe Addabbo is a co-sponsor of S. 5316 and the ranking member of the Senate’s Labor Committee. In a statement, Senator Addabbo said, “The unemployment rate in Queens, the city and the state, even the nation overall, is between 8.5 - 9 percent. While some pundits have noted that the worst of the long recession has ended, many of my people have been seeking jobs for the past year or even 18 months. Those who want to work and weren't laid off through their own fault, but only due to budget cutbacks, must have a level playing field to compete for jobs. Employers who are allowed to advertise for new hires that make jobs available only to those ‘currently employed’ will just keep our unemployment rate and length of time to find a new job at current all-time high levels. That's why I support Sen. Stewart-Cousins' efforts to change the current New York law that for too long has allowed employers, employment or licensing agencies to continue such an arbitrary, discriminatory practice as targeting the jobless by refusing to hire them."

Support Grows for Legislative TV Channel by Support grows for legislative TV Channel By Amanda Cedrone - LegislativeGazette.com

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From left: Sen. John J. Bonacic, Sen. José M. Serrano, Assemblyman Ronald J. Canestrari and Assemblyman Darryl Towns listen to comments about how to expand an existing legislative television channel. Photo by Bob Bennett, Gazette photo.

The New York State Legislature Joint Advisory Board on Broadcast of State Government Proceedings met last week to discuss the future of the current legislative television channel.

The board, which is co-chaired by Sen. José M. Serrano, D-Bronx, and Assembly Majority Leader Ron Canestrari, D-Cohoes, has been appointed the task of expanding the content of the existing New York state Legislative channel. To accomplish this, the board recommends expanding the channel into a fully independent New York state government affairs channel modeled after C-SPAN.

"For too long the inner workings of the legislative process have been shrouded in secrecy," Serrano said. "By lifting the curtain, not just on legislative sessions, but on other important parts of the legislative process, we are providing programming that enables the public to become engaged in the workings of government and to take informed positions on the issues that matter to them."

The existing legislative channel was created in January 2006 when the Legislature sought to increase transparency and provide New Yorkers with greater access to proceedings in the Senate and Assembly chambers.

The channel broadcasts Assembly and Senate sessions. The board recently announced that beginning in January, all legislative hearings will also be broadcast. Serrano said his "highest priority for the channel is that it be completely free of any government appointees" and "completely nonpartisan."

Canestrari noted that the board's goal is to broadcast a full spectrum of governmental affairs content on the channel, including committee meetings, Court of Appeals hearings and hearings by the Board of Regents.

"Now we're not going to do just budget meetings, we're going to do Assembly hearings," said Canestrari.

The majority leader said the channel now remains dormant when the Legislature is not in session. With the expansion of the channel, much more content will be broadcast, regardless of whether the Legislature is in session.

"Why couldn't we [broadcast] Court of Appeals hearings when we aren't in session?" said Canestrari.

Board members hoped to achieve a better idea of the timeline of the project and the cost of the project through the hearings, in addition to soliciting ideas and opinions on how to improve upon the channel from those who testified.

Members of Common Cause/NY, a government watchdog group, have applauded the work of the board "to open up the legislative process with a public affairs channel."

Susan Lerner, executive director of Common Cause/NY spoke at the hearing to offer advice on the expansion of the channel. Lerner emphasized the importance of involving the public in the hearings, saying that it is "crucial they be involved" if the channel is truly to benefit them.

"Often times, the public has strong opinions and good ideas," said Lerner.

Blair Horner, legislative director for the New York Public Interest Research Group, who also spoke at the hearing, emphasized a number of factors important to the success of the channel including that it be accessible to all, involve all three branches of government and be non-partisan.

Tim Rooney, president and CEO of The Cable Telecommunications Association of New York, Inc, answered questions from the board regarding the estimated timeline of the project as well as the cost.

Rooney said that initially expanding the channel will not take long.

"As soon as [the Senate and Assembly] are ready to provide hearings for us we'll put them up," said Rooney.

The cost of the channel has not been estimated as the board is still developing ideas through hearings around the state.

"I know the state doesn't have a lot of spare change to be throwing around on this," said Rooney. "And the business community doesn't either but, from what I've gathered at the meetings I've had to date, I think we're going to be able to have a really dramatically improved product in a little while. You are already producing the content and that's the most expensive part."

Eventually, members of the board hope the channel will be as comprehensive and successful as C-SPAN, though they acknowledge that channel took 25 years to get to where it is today.

"We have to start with the lowest hanging fruit first," said Horner. "We have to draw people into the process to get them to know what's going on."

Serrano also noted that all committee rooms are currently being hardwired for broadcast and that the process should take another four to six weeks.

"We've been able to get away from politics and truly decide the best way to put together this channel," said Serrano.

Other members of the board also include Sens. Andrea Stewart-Cousins, D-Yonkers, David Valesky, D-Oneida, John Bonacic, R-Mount Hope and Assembly members Darryl Towns, D-Brooklyn, Margaret Markey, D-Maspeth, and Jane Corwin, R-Williamsville.