§ 215-A — Discrimination against employees for failure to meet certain ticket quotas

* § 215-a. Discrimination against employees for failure to meet\ncertain ticket quotas. 1. No employer or his or her duly authorized\nagent shall transfer or in any other manner penalize or threaten,\nexpressly or impliedly, an employee as to his or her employment in a\nmanner, including, but not limited to, a reassignment, a scheduling\nchange, an adverse evaluation, a constructive dismissal, the denial of a\npromotion, or the denial of overtime, based in whole or in part on such\nemployee's failure to meet a quota, established by his or her employer\nor his or her duly authorized agent, of (a) tickets or summonses issued\nwithin a specified period of time for violations of provisions of law\nfor which a ticket or summons is authorized by any general, special or\nlocal law; or (b) arrests made within a specified period of time for\nviolations of provisions of law for which such arrest is authorized by\nany general, special or local law; or (c) stops of individuals suspected\nof criminal activity within a specified period of time. Any employee so\ntransferred or otherwise penalized may cause to be instituted a\ngrievance proceeding pursuant to the provisions of a collective\nbargaining agreement, if any, or pursuant to the provisions of section\nseventy-five-a of the civil service law if no collective bargaining\nagreement exists. Any employee so transferred or otherwise penalized\nshall be restored to his or her previously assigned position of\nemployment and shall be compensated by his or her employer for any loss\nof wages arising out of such transfer or other penalty, and shall have\nany penalty imposed restored; provided, that if such employee shall\ncease to be qualified to perform the duties of his or her employment he\nor she shall not be entitled to such restoration; and it shall be\ncontrary to the public policy of this state for such employer to\nestablish or hereafter maintain a quota policy of (i) tickets or\nsummonses issued within a specified period of time for violations of\nprovisions of law for which a ticket or summons is authorized by any\ngeneral, special or local law; or (ii) arrests made within a specified\nperiod of time for violations of provisions of law for which such arrest\nis authorized by any general, special or local law; or (iii) stops of\nindividuals suspected of criminal activity within a specified period of\ntime.\n 2. For the purpose of this section a quota shall mean a specific\nnumber of (a) tickets or summonses for violations of law for which a\nticket or summons is authorized by any general, special or local law,\nwhich are required to be made within a specified period of time; or (b)\narrests made for violations of provisions of law for which such arrest\nis authorized by any general, special or local law, which are required\nto be made within a specified period of time; or (c) stops of\nindividuals suspected of criminal activity within a specified period of\ntime.\n * NB Effective until September 1, 2027\n * § 215-a. Discrimination against employees for failure to meet\ncertain ticket quotas. 1. No employer or his or her duly authorized\nagent shall transfer or in any other manner penalize or threaten,\nexpressly or impliedly, an employee who is a police officer as to his or\nher employment in a manner, including, but not limited to, a\nreassignment, a scheduling change, an adverse evaluation, a constructive\ndismissal, the denial of a promotion, or the denial of overtime based in\nwhole or in part on such employee's failure to meet a quota, established\nby his or her employer or his or her duly authorized agent, of (a)\ntickets or summonses issued within a specified period of time of\nprovisions of law for which a ticket or summons is authorized by any\ngeneral, special or local law; or (b) arrests made within a specified\nperiod of time for violations of provisions of law for which such arrest\nis authorized by any general, special or local law; or (c) stops of\nindividuals suspected of criminal activity within a specified period of\ntime. Any employee so transferred or otherwise penalized may cause to be\ninstituted a grievance proceeding pursuant to the provisions of a\ncollective bargaining agreement, if any, or pursuant to the provisions\nof section seventy-five-a of the civil service law if no collective\nbargaining agreement exists. Any employee so transferred or otherwise\npenalized shall be restored to his or her previously assigned position\nof employment and shall be compensated by his or her employer for any\nloss of wages arising out of such transfer or other penalty, and shall\nhave any penalty imposed restored; provided, that if such employee shall\ncease to be qualified to perform the duties of his or her employment he\nor she shall not be entitled to such restoration; and it shall be\ncontrary to the public policy of this state for such employer to\nestablish or hereafter maintain a quota policy of (i) tickets or\nsummonses issued within a specified period of time for violations of\nprovisions of law for which a ticket or summons is authorized by any\ngeneral, special or local law; or (ii) arrests made within a specified\nperiod of time for violations of provisions of law for which such arrest\nis authorized by any general, special or local law; or (iii) stops of\nindividuals suspected of criminal activity within a specified period of\ntime.\n 2. For the purpose of this section a quota shall mean a specific\nnumber of (a) tickets or summonses for violations of law for which a\nticket or summons is authorized by any general, special or local law,\nwhich are required to be made within a specified period of time; or (b)\narrests made for violations of provisions of law for which such arrest\nis authorized by any general, special or local law, which are required\nto be made within a specified period of time; or (c) stops of\nindividuals suspected of criminal activity within a specified period of\ntime.\n * NB Effective September 1, 2027\n