NY State Senate Bill 2019-S8223

Senate Bill S8223

2019-2020 Legislative Session

Relates to requiring certain employers to provide workforce demographics and equity measurements to the division of human rights annually

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2020	referred to investigations and government operations

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2019-S8223 (ACTIVE) - Details

See Assembly Version of this Bill:: A10431
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add §296-e, amd §§295, 297 & 292, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2777, A1955
2023-2024: S1914

2019-S8223 (ACTIVE) - Summary

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.

2019-S8223 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8223

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would require any employer who seeks significant state or
local funds as well as any large and economically significant employer
to annually report workforce demographics and equity measurements to the
Division of Human Rights and to provide a summary of that report to
their employees.  This bill would also task the Division of Human Rights
with developing rules and regulations that prevent state and local agen-
cies from funding employers who perpetuate discriminatory employment
practices.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 302 to the Executive Law.

Section 2 of the bill adds new subdivisions 17 and 18 to section 295 of
the Executive Law.

Section 3 of the bill amends Executive Law 297(5). Section 4 of the bill
amends Executive Law (292) 5). Section 5 is the effective date.

 
JUSTIFICATION:

This act aims to end workplace discrimination by private employers who
receive public contracts or grants, as well as larger employers in the
state.

Discrimination is pervasive largely due to the fact that it is subtle
and occurs behind closed doors.It is difficult for average workers to
unravel complex laws and regulations relating to workplace discrimi-
nation or to overcome fear and apprehension of animosity or reprisals if
they file complaints against their employers. Providing employees with
simple explanations of their rights alongside their employer's workforce
demographics and equity measurements ensures they will understand and
have confidence in exercising their right to equal treatment.

To this point, the workforce demographics and equity measurements
reports within the act serve as tools that allow employers to recognize
and eventually reduce both implicit and explicit biases, the effect of
which is the amelioration of equality and equity for vulnerable demo-
graphics. The transparency provided within the act creates an open
discussion that brings underrepresented and vulnerable groups to the
table.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
One year after it shall have become law.

2019-S8223 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8223
 
                             I N  S E N A T E
 
                              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:
 
   Section  1. The executive law is amended by adding a new section 296-e
 to read as follows:
   § 296-E.  WORKFORCE  DEMOGRAPHICS  AND  EQUITY  MEASUREMENTS.  1.  ANY
 EMPLOYER  WITH  GREATER  THAN ONE HUNDRED PERSONS IN EMPLOY PER CALENDAR
 YEAR OR WHO BIDS, APPLIES, IS AWARDED OR  RECEIVES  ANY  COMBINATION  OF
 STATE  OR  MUNICIPAL  CONTRACTS OR GRANT FUNDS DIRECTLY OR INDIRECTLY IN
 EXCESS OF FIFTY THOUSAND DOLLARS PER CALENDAR YEAR SHALL FILE AN  ANNUAL
 REPORT  DOCUMENTING  EMPLOYEE  DEMOGRAPHICS AND EQUITY MEASUREMENTS WITH
 THE DIVISION. SUCH DEMOGRAPHIC DATA SHALL INCLUDE EACH EMPLOYEE'S  RACE,
 ETHNICITY,  AGE,  AND  SEX  OR GENDER IDENTITY OR EXPRESSION. THE EQUITY
 MEASUREMENTS SHALL INCLUDE EACH EMPLOYEE'S JOB CATEGORY, DATE  OF  HIRE,
 SALARY  OR  WAGES,  TRAINING  RECEIVED, RAISES, PROMOTIONS, DISCIPLINARY
 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.
   2. THE DIVISION SHALL DEVELOP ELECTRONIC REPORTING FORMS TO  BE  FILED
 FOR EACH EMPLOYEE'S DATA AND FOR THE EMPLOYER'S GENERAL DATA.
   3.  THE  DIVISION  SHALL  AGGREGATE THE ELECTRONIC FORMS INTO A REPORT
 THAT LISTS EQUITY MEASUREMENTS  FOR  EACH  EMPLOYER  INCLUDING  BUT  NOT
 LIMITED  TO  JOB  CATEGORY,  MEAN  AND MEDIAN EARNINGS, BENEFITS, HIRING
 SELECTION,  TRAINING,  RAISES,  PROMOTIONS,  DISCIPLINARY  ACTIONS,  AND
 TERMINATIONS LISTED IN THE FORM OF PERCENTAGES FROM HIGHEST TO LOWEST BY
 THE DEMOGRAPHIC FACTORS LISTED ABOVE.
   4.  THE  DIVISION SHALL PROVIDE THE AGGREGATED REPORT TO EACH EMPLOYER
 ALONG WITH A SIMPLIFIED REPORT IN PLAIN  LANGUAGE.  THE  EMPLOYER  SHALL
 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.
                                                            LBD16204-01-0

 S. 8223                             2

 EE  AND  ANY  FORMER  EMPLOYEE  EMPLOYED  DURING THE REPORTING YEAR. THE
 REPORT SHALL BE ACCOMPANIED BY A SUMMARY IN PLAIN LANGUAGE OF EMPLOYEES'
 RIGHTS UNDER TITLE VII CIVIL RIGHTS ACT TITLE OF 1964, THIS ARTICLE, AND
 ANY  APPLICABLE LOCAL STATUTES FOR WHICH THE EMPLOYER FALLS UNDER JURIS-
 DICTION INCLUDING INSTRUCTIONS AND DEADLINES FOR FILING A  COMPLAINT  TO
 THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, THE DIVISION, AND ANY OTHER
 FAIR  EMPLOYMENT  PROTECTION  AGENCY  OR SIMILARLY TASKED AUTHORITY WITH
 JURISDICTION OVER THE EMPLOYER. THE EMPLOYER SHALL MAKE  THE  AGGREGATED
 REPORT AVAILABLE TO THE PUBLIC UPON REQUEST.
   5.  THE  DIVISION  SHALL  AGGREGATE  ALL DATA ON A STATEWIDE LEVEL AND
 PROVIDE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE THAT  SHALL
 BE MADE PUBLIC ON THE DIVISION'S WEBSITE.
   6.  FAILURE TO COMPLY WITH THE REPORTING PROVISIONS OF THIS SECTION OR
 PROVIDING FALSE INFORMATION  MAY  BE  OFFERED  AS  PROOF  OF  EMPLOYMENT
 DISCRIMINATION IN A COMPLAINT AND OFFERED AS PROOF IN PROBATION, SUSPEN-
 SION,  AND DEBARMENT RULINGS PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION
 TWO HUNDRED NINETY-FIVE OF THIS ARTICLE.
   7. FAILURE TO COMPLY WITH THE REPORTING PROVISIONS OF THIS SECTION  OR
 PROVIDING FALSE INFORMATION SHALL REQUIRE AN EMPLOYER TO FILE AN AMENDED
 DISAGGREGATED REPORT WITH THE DIVISION AND PROVIDE AN AMENDED AGGREGATED
 REPORT TO ALL CURRENT AND FORMER EMPLOYEES EMPLOYED DURING THE REPORTING
 YEAR.  THE STATUTORY PERIOD FOR FILING PERSONAL CLAIMS WITH THE DIVISION
 AND ANY OTHER NEW YORK FAIR EMPLOYMENT PROTECTION AGENCY SHALL BEGIN  TO
 RUN  ON THE DAY AFTER THE AMENDED AGGREGATED REPORT HAS BEEN PROVIDED TO
 ALL CURRENT AND FORMER EMPLOYEES WHO WERE EMPLOYED DURING THE  REPORTING
 YEAR.
   8.  ANY BOARD MEMBER OR OFFICER OF THE EMPLOYER WHO KNOWINGLY PROVIDES
 FALSE INFORMATION, INCLUDING BY ENCOURAGING OR INSTRUCTING  SUBORDINATES
 TO DO SO, OR WHO KNOWINGLY MANIPULATES THEIR CORPORATE STRUCTURE FOR THE
 PURPOSE  OF  PRODUCING  FAVORABLE  AGGREGATE  REPORT  OUTCOMES  SHALL BE
 SUBJECT TO THE PENALTIES UNDER SECTION TWO HUNDRED NINETY-NINE  OF  THIS
 ARTICLE.
   §  2.  Section  295  of the executive law is amended by adding two new
 subdivisions 17 and 18 to read as follows:
   17. TO REQUIRE OF ANY EMPLOYER REPORTS PURSUANT TO SECTION TWO HUNDRED
 NINETY-SIX-E OF THIS ARTICLE AND TO CARRY OUT THE DUTIES  SET  FORTH  IN
 SUCH SECTION.
   18.  TO  SET  FORTH  RULES  AND REGULATIONS THAT INCLUDE STANDARDS FOR
 PROBATION, SUSPENSION AND DEBARMENT OF  EMPLOYERS  FROM  ALL  STATE  AND
 MUNICIPAL CONTRACTS AND GRANTS AS DIRECT OR INDIRECT AWARDEES AND RECIP-
 IENTS  ON THE BASIS OF EXCESSIVE DISCRIMINATION CLAIMS, SELECTION PROCE-
 DURES FOUND TO HAVE ADVERSE IMPACT, FAILURE TO FILE WORKFORCE DEMOGRAPH-
 ICS AND EQUITY MEASUREMENTS REPORTS AS REQUIRED IN SECTION  TWO  HUNDRED
 NINETY-SIX-E  OF  THIS  ARTICLE,  APPARENT  AND  PROBABLE DISCRIMINATORY
 EMPLOYMENT AND PROMOTION PRACTICES DISCOVERED THROUGH  REVIEW  OF  WORK-
 FORCE  DEMOGRAPHICS  AND EQUITY MEASUREMENTS REPORTS REQUIRED IN SECTION
 TWO HUNDRED NINETY-SIX-E OF THIS  ARTICLE,  OR  BY  OTHER  INVESTIGATIVE
 METHODS.    EMPLOYER  PROBATIONARY  PERIODS  INCLUDED  IN  THE STANDARDS
 PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL LAST  NO  LESS  THAN  ONE
 YEAR,  DURING  WHICH  TIME  THE EMPLOYER MAY DEMONSTRATE TO THE DIVISION
 THAT HE OR SHE HAS COMPLIED WITH RULES AND REGULATIONS REGARDING EMPLOY-
 EE SELECTION PROCEDURE AND EMPLOYMENT AND PROMOTION PRACTICES PROMULGAT-
 ED PURSUANT TO THIS ARTICLE. IF AFTER THIS  PERIOD  THE  DIVISION  FINDS
 THAT  THE  EMPLOYER  STILL EXHIBITS DISCRIMINATORY PRACTICES IN EMPLOYEE
 SELECTION PROCEDURE OR EMPLOYMENT AND  PROMOTION  PRACTICES,  SUSPENSION
 PERIODS  OF  SIX  TO  EIGHTEEN  MONTHS  OR DEBARMENT PERIODS OF EIGHTEEN

 S. 8223                             3
 
 MONTHS TO THREE YEARS FROM STATE AND MUNICIPAL CONTRACTS AND  GRANTS  AS
 DIRECT  OR  INDIRECT  RECIPIENTS  MAY BE ISSUED. CONSECUTIVE PROBATIONS,
 SUSPENSIONS, AND DEBARMENTS MAY BE ISSUED BASED ON CONTINUED FAILURE  TO
 COMPLY.
   §  3. Subdivision 5 of section 297 of the executive law, as amended by
 chapter 160 of the laws of 2019, is amended to read as follows:
   5. Any complaint filed pursuant to this section must be so filed with-
 in one year after the alleged unlawful discriminatory  practice  OR  ONE
 YEAR  AFTER AN EMPLOYER MAKES REASONABLE ATTEMPTS TO PROVIDE A WORKFORCE
 DEMOGRAPHICS AND EQUITY MEASUREMENTS  REPORT  PURSUANT  TO  SECTION  TWO
 HUNDRED  NINETY-SIX-E  OF THIS ARTICLE, WHICHEVER OCCURS LATER. In cases
 of sexual harassment in employment, any complaint filed pursuant to this
 section must be so filed within three years after the  alleged  unlawful
 discriminatory practices.
   §  4. Subdivision 5 of section 292 of the executive law, as amended by
 chapter 161 of the laws of 2019, is amended to read as follows:
   5. The term "employer" shall include all employers within  the  state.
 AS SET FORTH IN SECTION TWO HUNDRED NINETY-SIX-E OF THIS ARTICLE, PARENT
 COMPANIES  AND  SUBSIDIARIES  SHALL  BE  COMBINED  TO  MEET CRITERIA FOR
 REQUIRED REPORTING.
   § 5. This act shall take effect one year after it shall have become  a
 law; provided, however, that if section 13 of chapter 160 of the laws of
 2019  shall  not  have  taken effect on or before such date then section
 three of this act shall take effect on the same date  and  in  the  same
 manner as such chapter of the laws of 2019 takes effect.

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Senate Bill S8223

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Sponsored By

Luis R. Sepúlveda