Bill Text: NY S08223 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to requiring certain employers to provide workforce demographics and equity measurements to the division of human rights annually, including each employee's race, ethnicity, age, and sex or gender identity or expression, as well as the employee's job category, date of hire, salary or wages, training received, raises, promotions, discliplinary actions, terminations and benefits, including but not limited to unpaid benefits or privileges such as flexible scheduling, the ability to work from home, or the ability to bring children to work.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-04-24 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08223 Detail]
Download: New_York-2019-S08223-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8223 IN SENATE April 24, 2020 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law, in relation to requiring certain employers to provide workforce demographics and equity measurements to the division of human rights annually 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 296-e 2 to read as follows: 3 § 296-e. Workforce demographics and equity measurements. 1. Any 4 employer with greater than one hundred persons in employ per calendar 5 year or who bids, applies, is awarded or receives any combination of 6 state or municipal contracts or grant funds directly or indirectly in 7 excess of fifty thousand dollars per calendar year shall file an annual 8 report documenting employee demographics and equity measurements with 9 the division. Such demographic data shall include each employee's race, 10 ethnicity, age, and sex or gender identity or expression. The equity 11 measurements shall include each employee's job category, date of hire, 12 salary or wages, training received, raises, promotions, disciplinary 13 actions, terminations and benefits, including but not limited to unpaid 14 benefits or privileges such as flexible scheduling, the ability to work 15 from home, or the ability to bring children to work. 16 2. The division shall develop electronic reporting forms to be filed 17 for each employee's data and for the employer's general data. 18 3. The division shall aggregate the electronic forms into a report 19 that lists equity measurements for each employer including but not 20 limited to job category, mean and median earnings, benefits, hiring 21 selection, training, raises, promotions, disciplinary actions, and 22 terminations listed in the form of percentages from highest to lowest by 23 the demographic factors listed above. 24 4. The division shall provide the aggregated report to each employer 25 along with a simplified report in plain language. The employer shall 26 provide such simplified report in plain language to each current employ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16204-01-0S. 8223 2 1 ee and any former employee employed during the reporting year. The 2 report shall be accompanied by a summary in plain language of employees' 3 rights under Title VII Civil Rights Act Title of 1964, this article, and 4 any applicable local statutes for which the employer falls under juris- 5 diction including instructions and deadlines for filing a complaint to 6 the equal employment opportunity commission, the division, and any other 7 fair employment protection agency or similarly tasked authority with 8 jurisdiction over the employer. The employer shall make the aggregated 9 report available to the public upon request. 10 5. The division shall aggregate all data on a statewide level and 11 provide an annual report to the governor and the legislature that shall 12 be made public on the division's website. 13 6. Failure to comply with the reporting provisions of this section or 14 providing false information may be offered as proof of employment 15 discrimination in a complaint and offered as proof in probation, suspen- 16 sion, and debarment rulings pursuant to subdivision eighteen of section 17 two hundred ninety-five of this article. 18 7. Failure to comply with the reporting provisions of this section or 19 providing false information shall require an employer to file an amended 20 disaggregated report with the division and provide an amended aggregated 21 report to all current and former employees employed during the reporting 22 year. The statutory period for filing personal claims with the division 23 and any other New York fair employment protection agency shall begin to 24 run on the day after the amended aggregated report has been provided to 25 all current and former employees who were employed during the reporting 26 year. 27 8. Any board member or officer of the employer who knowingly provides 28 false information, including by encouraging or instructing subordinates 29 to do so, or who knowingly manipulates their corporate structure for the 30 purpose of producing favorable aggregate report outcomes shall be 31 subject to the penalties under section two hundred ninety-nine of this 32 article. 33 § 2. Section 295 of the executive law is amended by adding two new 34 subdivisions 17 and 18 to read as follows: 35 17. To require of any employer reports pursuant to section two hundred 36 ninety-six-e of this article and to carry out the duties set forth in 37 such section. 38 18. To set forth rules and regulations that include standards for 39 probation, suspension and debarment of employers from all state and 40 municipal contracts and grants as direct or indirect awardees and recip- 41 ients on the basis of excessive discrimination claims, selection proce- 42 dures found to have adverse impact, failure to file workforce demograph- 43 ics and equity measurements reports as required in section two hundred 44 ninety-six-e of this article, apparent and probable discriminatory 45 employment and promotion practices discovered through review of work- 46 force demographics and equity measurements reports required in section 47 two hundred ninety-six-e of this article, or by other investigative 48 methods. Employer probationary periods included in the standards 49 promulgated pursuant to this subdivision shall last no less than one 50 year, during which time the employer may demonstrate to the division 51 that he or she has complied with rules and regulations regarding employ- 52 ee selection procedure and employment and promotion practices promulgat- 53 ed pursuant to this article. If after this period the division finds 54 that the employer still exhibits discriminatory practices in employee 55 selection procedure or employment and promotion practices, suspension 56 periods of six to eighteen months or debarment periods of eighteenS. 8223 3 1 months to three years from state and municipal contracts and grants as 2 direct or indirect recipients may be issued. Consecutive probations, 3 suspensions, and debarments may be issued based on continued failure to 4 comply. 5 § 3. Subdivision 5 of section 297 of the executive law, as amended by 6 chapter 160 of the laws of 2019, is amended to read as follows: 7 5. Any complaint filed pursuant to this section must be so filed with- 8 in one year after the alleged unlawful discriminatory practice or one 9 year after an employer makes reasonable attempts to provide a workforce 10 demographics and equity measurements report pursuant to section two 11 hundred ninety-six-e of this article, whichever occurs later. In cases 12 of sexual harassment in employment, any complaint filed pursuant to this 13 section must be so filed within three years after the alleged unlawful 14 discriminatory practices. 15 § 4. Subdivision 5 of section 292 of the executive law, as amended by 16 chapter 161 of the laws of 2019, is amended to read as follows: 17 5. The term "employer" shall include all employers within the state. 18 As set forth in section two hundred ninety-six-e of this article, parent 19 companies and subsidiaries shall be combined to meet criteria for 20 required reporting. 21 § 5. This act shall take effect one year after it shall have become a 22 law; provided, however, that if section 13 of chapter 160 of the laws of 23 2019 shall not have taken effect on or before such date then section 24 three of this act shall take effect on the same date and in the same 25 manner as such chapter of the laws of 2019 takes effect.
