S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1955
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06210-01-1
              

 A. 1955                             2
 
   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-
 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

 A. 1955                             3

 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
 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.