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This entry was published on 2023-05-12
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SECTION 215-A
Discrimination against employees for failure to meet certain ticket quotas
Labor (LAB) CHAPTER 31, ARTICLE 7
* § 215-a. Discrimination against employees for failure to meet
certain ticket quotas. 1. No employer or his or her duly authorized
agent shall transfer or in any other manner penalize or threaten,
expressly or impliedly, an employee as to his or her employment in a
manner, including, but not limited to, a reassignment, a scheduling
change, an adverse evaluation, a constructive dismissal, the denial of a
promotion, or the denial of overtime, based in whole or in part on such
employee's failure to meet a quota, established by his or her employer
or his or her duly authorized agent, of (a) tickets or summonses issued
within a specified period of time for violations of provisions of law
for which a ticket or summons is authorized by any general, special or
local law; or (b) arrests made within a specified period of time for
violations of provisions of law for which such arrest is authorized by
any general, special or local law; or (c) stops of individuals suspected
of criminal activity within a specified period of time. Any employee so
transferred or otherwise penalized may cause to be instituted a
grievance proceeding pursuant to the provisions of a collective
bargaining agreement, if any, or pursuant to the provisions of section
seventy-five-a of the civil service law if no collective bargaining
agreement exists. Any employee so transferred or otherwise penalized
shall be restored to his or her previously assigned position of
employment and shall be compensated by his or her employer for any loss
of wages arising out of such transfer or other penalty, and shall have
any penalty imposed restored; provided, that if such employee shall
cease to be qualified to perform the duties of his or her employment he
or she shall not be entitled to such restoration; and it shall be
contrary to the public policy of this state for such employer to
establish or hereafter maintain a quota policy of (i) tickets or
summonses issued within a specified period of time for violations of
provisions of law for which a ticket or summons is authorized by any
general, special or local law; or (ii) arrests made within a specified
period of time for violations of provisions of law for which such arrest
is authorized by any general, special or local law; or (iii) stops of
individuals suspected of criminal activity within a specified period of
time.

2. For the purpose of this section a quota shall mean a specific
number of (a) tickets or summonses for violations of law for which a
ticket or summons is authorized by any general, special or local law,
which are required to be made within a specified period of time; or (b)
arrests made for violations of provisions of law for which such arrest
is authorized by any general, special or local law, which are required
to be made within a specified period of time; or (c) stops of
individuals suspected of criminal activity within a specified period of
time.

* NB Effective until September 1, 2025

* § 215-a. Discrimination against employees for failure to meet
certain ticket quotas. 1. No employer or his or her duly authorized
agent shall transfer or in any other manner penalize or threaten,
expressly or impliedly, an employee who is a police officer as to his or
her employment in a manner, including, but not limited to, a
reassignment, a scheduling change, an adverse evaluation, a constructive
dismissal, the denial of a promotion, or the denial of overtime based in
whole or in part on such employee's failure to meet a quota, established
by his or her employer or his or her duly authorized agent, of (a)
tickets or summonses issued within a specified period of time of
provisions of law for which a ticket or summons is authorized by any
general, special or local law; or (b) arrests made within a specified
period of time for violations of provisions of law for which such arrest
is authorized by any general, special or local law; or (c) stops of
individuals suspected of criminal activity within a specified period of
time. Any employee so transferred or otherwise penalized may cause to be
instituted a grievance proceeding pursuant to the provisions of a
collective bargaining agreement, if any, or pursuant to the provisions
of section seventy-five-a of the civil service law if no collective
bargaining agreement exists. Any employee so transferred or otherwise
penalized shall be restored to his or her previously assigned position
of employment and shall be compensated by his or her employer for any
loss of wages arising out of such transfer or other penalty, and shall
have any penalty imposed restored; provided, that if such employee shall
cease to be qualified to perform the duties of his or her employment he
or she shall not be entitled to such restoration; and it shall be
contrary to the public policy of this state for such employer to
establish or hereafter maintain a quota policy of (i) tickets or
summonses issued within a specified period of time for violations of
provisions of law for which a ticket or summons is authorized by any
general, special or local law; or (ii) arrests made within a specified
period of time for violations of provisions of law for which such arrest
is authorized by any general, special or local law; or (iii) stops of
individuals suspected of criminal activity within a specified period of
time.

2. For the purpose of this section a quota shall mean a specific
number of (a) tickets or summonses for violations of law for which a
ticket or summons is authorized by any general, special or local law,
which are required to be made within a specified period of time; or (b)
arrests made for violations of provisions of law for which such arrest
is authorized by any general, special or local law, which are required
to be made within a specified period of time; or (c) stops of
individuals suspected of criminal activity within a specified period of
time.

* NB Effective September 1, 2025