N.Y. Labor Law § 215-a: Discrimination against employees for failure to meet certain ticket quotas

* § 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, 2027

* § 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, 2027