Assembly approves chapter amendment narrowing statewide limits on employers use of consumer credit history

The Assembly approved a chapter amendment to the General Business Law on Feb. 3 that narrows prior restrictions on employers use of consumer credit history for employment purposes by defining the term "employer" and clarifying who is covered.

Sponsor remarks characterized the change as a narrowing of the original bill and said the amendment adds an explicit definition of "employer," modeled in part on New York City law and its Commission on Human Rights. Members asked whether the state and its political subdivisions are included and whether the amendment effectively allows employers to retain the ability to run credit checks but not use credit history in making decisions.

One member urged a no vote, arguing the amendment could remove an important hiring tool and questioned how enforcement or proof would work in court. Sponsor representatives said the amendment was meant to clarify the scope and narrow protections relative to the original language.

Party leaders announced conference positions; the clerk recorded the final vote as Ayes 97, Noes 44, and the chapter amendment was passed.

The act sets an effective date in the bill text (recorded in session) and the Assembly advanced the bill under rules report 10. Members debating the measure focused on the definition of "employer" and whether state employees are excluded from the protections or inclusion, and on the practical consequences for employers' hiring practices.