New York Assembly Bill A03584

New York 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 1/28/25
• Refer: 1/7/26

Caption

Prohibits employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and prohibits municipalities from requiring employers to use the federal electronic employment verification system.

Summary

Bill A03584, known as the "Employee Privacy Act," seeks to amend New York's labor law by prohibiting employers from using the federal electronic employment verification system (E-Verify) to check the employment authorization status of current employees or applicants who have not yet been offered employment. The bill allows the use of E-Verify only for individuals who have received a job offer and mandates that employers comply with specific procedures when utilizing the system. Additionally, the bill prohibits municipalities from requiring employers to use E-Verify, ensuring that such requirements cannot be imposed at the local level.

Impact

If enacted, this bill would significantly alter the landscape of employment verification in New York by limiting the circumstances under which E-Verify can be used. It aims to protect employee privacy and prevent potential discrimination based on employment authorization status. The bill would also introduce civil penalties for employers who violate these provisions, thereby reinforcing compliance with the new regulations. This change would affect all employers operating within the state, particularly those who may have relied on E-Verify for pre-employment screening.

Sentiment

The sentiment surrounding Bill A03584 appears to be mixed, with proponents advocating for employee privacy and protection against discrimination, while opponents may express concerns about the implications for national security and immigration enforcement. The absence of recorded votes or detailed committee discussions makes it difficult to gauge the full range of opinions on the bill, but the introduction of such legislation indicates a growing focus on employee rights in the context of employment verification.

Contention

Notable points of contention include the balance between ensuring lawful employment practices and protecting individual privacy rights. Supporters of the bill argue that it prevents discrimination and protects workers, while critics may contend that restricting the use of E-Verify could hinder employers' ability to verify the legal work status of potential hires, potentially complicating compliance with federal immigration laws. The debate may also touch on broader issues of immigration policy and labor market dynamics.