STATE OF NEW YORK
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
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
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.
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
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.