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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A809
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 coworker. It would appear that no industry is immune. Every employee
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:
A.700 - Referred to Governmental Operations
A.1221- Referred to Governmental Operations
A.9085 - Referred to Governmental Operations
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
809
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00690-01-3
A. 809 2
1 such system and create an appeal process for a company to appeal a fail-
2 ing score.
3 (b) The division shall aggregate the data provided in each company
4 climate report received and assign each company a score on the grading
5 system created in paragraph (a) of this subdivision.
6 (c) The division shall create and thereafter maintain a publicly
7 accessible website which shall contain the content of the company
8 climate report and corresponding score for each company.
9 3. A company which receives a failing score and does not successfully
10 appeal such score shall be required to implement changes recommended by
11 the division to improve such score. A company who fails to improve such
12 score to a passing score within two years shall be ineligible for any
13 type of state benefit, including but not limited to submitting a bid to
14 any contracting agency, as defined in section three hundred ten of this
15 chapter, or be awarded any such contract or tax credits awarded by the
16 state, until such time as such company receives a passing score from the
17 division.
18 § 2. This act shall take effect on the ninetieth day after it shall
19 become a law. Effective immediately, the addition, amendment and/or
20 repeal of any rule or regulation necessary for the implementation of
21 this act on its effective date are authorized to be made and completed
22 on or before such effective date.
