|SAME AS||No Same As|
|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.|
|01/18/2018||referred to governmental operations|
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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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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. LBD14063-01-7A. 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.