215-A - Discrimination against employees for failure to meet certain ticket quotas. - New York Statutes

* § 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, 2011 * § 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 arrestis 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, 2011