Senate Bill S4734

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4734
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08312-01-5
              

 S. 4734                             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 TWENTY 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 19 and 20 to read as follows:
   19. 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.
   20.  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 SUCH EMPLOYER HAS COMPLIED WITH  RULES  AND  REGULATIONS  REGARDING
 EMPLOYEE  SELECTION  PROCEDURE  AND  EMPLOYMENT  AND PROMOTION PRACTICES
 PROMULGATED PURSUANT TO THIS ARTICLE. IF AFTER THIS PERIOD THE  DIVISION
 S. 4734                             3

 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  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 292 of the executive law, as amended by
 chapter 139 of the laws of 2022, 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. For the purposes of this article, (a) the  state  of
 New  York  shall  be considered an employer of any employee or official,
 including any elected official, of the New York state executive,  legis-
 lature,  or judiciary, including persons serving in any judicial capaci-
 ty, and persons serving on the staff of any elected official in New York
 state, (b) a city, county, town, village or other political  subdivision
 of the state of New York shall be considered an employer of any employee
 or  official,  including any elected official, of such locality's execu-
 tive, legislature or judiciary, including persons serving in  any  local
 judicial capacity, and persons serving on the staff of any local elected
 official.
   §  4. This act shall take effect one year after it shall have become a
 law.