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A09085 Summary:

BILL NOA09085
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add 295-a, Exec L
 
Relates to creating a company climate report system to assess the workplace environment of companies doing business in New York with a focus on sexual harassment and discrimination policies and the frequency and handling of claims, settlements and cases by such companies.
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A09085 Actions:

BILL NOA09085
 
01/18/2018referred to governmental operations
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A09085 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9085
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the executive law, in relation to creating a company climate report system to assess the workplace environment of companies doing business in New York   PURPOSE: This bill relates to creating a company climate report system to assess the workplace environment of companies doing business in New York.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the executive law by adding a new section 295-a. Section two sets forth the effective date.   JUSTIFICATION: Many reports have come out recently on the prevalence of sexual harass- ment in our society. Women from all walks of life and nearly every sector of society have reported being sexually harassed by a supervisor or co-worker. It would appear that no industry is immune. Every employ- ee has the right to a safe workplace, free from harassment or abuse, and New York State should demand no less. A culture of secrecy has enabled discrimination based on gender, race, age and other immutable characteristics to persist in employment and other settings. New York must create accountability to protect workers against discrimination that creates a toxic work environment and hinders them from achievement in their careers. This legislation directs the New York State Division of Human Rights to develop a climate assessment form that employees at every company doing business in the State of New York will anonymously complete. The climate assessment form will ask employees to evaluate their companies on the basis of pay equity, sexual harassment, discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital and domestic violence status. After aggregating responses, the Division of Human Rights will assign a score to each company. Companies with poor scores will be provided with guidance by the Division of Human Rights and the opportunity to improve their score. Any company that fails to improve their score within a two-year period will not be eligible to receive state tax credits, contracts or other tax-payer funded opportunities.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall have become a law.
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A09085 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9085
 
                   IN ASSEMBLY
 
                                    January 18, 2018
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation  to  creating  a  company
          climate report system to assess the workplace environment of companies
          doing business in New York
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section  295-a
     2  to read as follows:
     3    § 295-a. Company climate reports. 1. (a) Every company that does busi-
     4  ness  in  New  York  state shall file a biennial climate report with the
     5  division. The requirements for the form  and  content  of  such  climate
     6  report  shall  be promulgated by the commissioner and at a minimum shall
     7  include:
     8    (i) Company climate surveys to be filled out anonymously by employees,
     9  which are  designed  to  assess  such  company's  workplace  environment
    10  including,  but  not  limited  to,  pay  equity,  sexual  harassment and
    11  discrimination  based  on  an  individual's  age,  race,  creed,  color,
    12  national  origin,  sexual orientation, military status, sex, disability,
    13  predisposing genetic characteristics, familial status, marital status or
    14  domestic violence victim status.
    15    (ii) A copy of the company's sexual harassment and anti-discrimination
    16  policies.
    17    (iii) Records of  any  sexual  harassment  or  discrimination  claims,
    18  settlements and cases and the disposition thereof.
    19    (b)  A  company  filing a company climate report shall not include any
    20  names or other personally identifying information in such report.
    21    2. (a) The commissioner shall develop  a  grading  system  to  rate  a
    22  company's  workplace  environment  and handling of sexual harassment and
    23  discrimination issues, determine what constitutes  a  passing  score  in
    24  such system and create an appeal process for a company to appeal a fail-
    25  ing score.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14063-01-7

        A. 9085                             2
 
     1    (b)  The  division  shall  aggregate the data provided in each company
     2  climate report received and assign each company a score on  the  grading
     3  system created in paragraph (a) of this subdivision.
     4    (c)  The  division  shall  create  and  thereafter maintain a publicly
     5  accessible website which  shall  contain  the  content  of  the  company
     6  climate report and corresponding score for each company.
     7    3.  A company which receives a failing score and does not successfully
     8  appeal such score shall be required to implement changes recommended  by
     9  the  division to improve such score. A company who fails to improve such
    10  score to a passing score within two years shall be  ineligible  for  any
    11  type  of state benefit, including but not limited to submitting a bid to
    12  any contracting agency, as defined in section three hundred ten of  this
    13  chapter,  or  be awarded any such contract or tax credits awarded by the
    14  state, until such time as such company receives a passing score from the
    15  division.
    16    § 2. This act shall take effect on the ninetieth day  after  it  shall
    17  become  a  law.  Effective  immediately,  the addition, amendment and/or
    18  repeal of any rule or regulation necessary  for  the  implementation  of
    19  this  act  on  its effective date are authorized and directed to be made
    20  and completed on or before such effective date.
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