S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1221
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 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.
                                                            LBD04806-01-9
              

 A. 1221                             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 and directed to be made
 and completed on or before such effective date.