S T A T E O F N E W Y O R K
________________________________________________________________________
809
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. The executive law is amended by adding a new section 295-a
to read as follows:
§ 295-A. COMPANY CLIMATE REPORTS. 1. (A) EVERY COMPANY THAT DOES BUSI-
NESS IN NEW YORK STATE SHALL FILE A BIENNIAL CLIMATE REPORT WITH THE
DIVISION. THE REQUIREMENTS FOR THE FORM AND CONTENT OF SUCH CLIMATE
REPORT SHALL BE PROMULGATED BY THE COMMISSIONER AND AT A MINIMUM SHALL
INCLUDE:
(I) COMPANY CLIMATE SURVEYS TO BE FILLED OUT ANONYMOUSLY BY EMPLOYEES,
WHICH ARE DESIGNED TO ASSESS SUCH COMPANY'S WORKPLACE ENVIRONMENT
INCLUDING, BUT NOT LIMITED TO, PAY EQUITY, SEXUAL HARASSMENT AND
DISCRIMINATION BASED ON AN INDIVIDUAL'S AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, SEX, DISABILITY,
PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS OR
DOMESTIC VIOLENCE VICTIM STATUS.
(II) A COPY OF THE COMPANY'S SEXUAL HARASSMENT AND ANTI-DISCRIMINATION
POLICIES.
(III) RECORDS OF ANY SEXUAL HARASSMENT OR DISCRIMINATION CLAIMS,
SETTLEMENTS AND CASES AND THE DISPOSITION THEREOF.
(B) A COMPANY FILING A COMPANY CLIMATE REPORT SHALL NOT INCLUDE ANY
NAMES OR OTHER PERSONALLY IDENTIFYING INFORMATION IN SUCH REPORT.
2. (A) THE COMMISSIONER SHALL DEVELOP A GRADING SYSTEM TO RATE A
COMPANY'S WORKPLACE ENVIRONMENT AND HANDLING OF SEXUAL HARASSMENT AND
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
SUCH SYSTEM AND CREATE AN APPEAL PROCESS FOR A COMPANY TO APPEAL A FAIL-
ING SCORE.
(B) THE DIVISION SHALL AGGREGATE THE DATA PROVIDED IN EACH COMPANY
CLIMATE REPORT RECEIVED AND ASSIGN EACH COMPANY A SCORE ON THE GRADING
SYSTEM CREATED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(C) THE DIVISION SHALL CREATE AND THEREAFTER MAINTAIN A PUBLICLY
ACCESSIBLE WEBSITE WHICH SHALL CONTAIN THE CONTENT OF THE COMPANY
CLIMATE REPORT AND CORRESPONDING SCORE FOR EACH COMPANY.
3. A COMPANY WHICH RECEIVES A FAILING SCORE AND DOES NOT SUCCESSFULLY
APPEAL SUCH SCORE SHALL BE REQUIRED TO IMPLEMENT CHANGES RECOMMENDED BY
THE DIVISION TO IMPROVE SUCH SCORE. A COMPANY WHO FAILS TO IMPROVE SUCH
SCORE TO A PASSING SCORE WITHIN TWO YEARS SHALL BE INELIGIBLE FOR ANY
TYPE OF STATE BENEFIT, INCLUDING BUT NOT LIMITED TO SUBMITTING A BID TO
ANY CONTRACTING AGENCY, AS DEFINED IN SECTION THREE HUNDRED TEN OF THIS
CHAPTER, OR BE AWARDED ANY SUCH CONTRACT OR TAX CREDITS AWARDED BY THE
STATE, UNTIL SUCH TIME AS SUCH COMPANY RECEIVES A PASSING SCORE FROM THE
DIVISION.
§ 2. This act shall take effect on the ninetieth day after it shall
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.