2006 New York Code - 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 duly authorized agent shall
  transfer or  in  any  other  manner  penalize  an  employee  as  to  his
  employment  solely  because  such  employee  has failed to meet a quota,
  established by his employer or his duly authorized agent, of tickets  or
  summonses   issued  within  a  specified  period  of  time  for  traffic
  violations including parking, standing  or  stopping.  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 previously assigned position of employment  and
  shall  be  compensated by his 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 employment he 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
  tickets  or  summonses  issued for traffic violations including parking,
  standing, or stopping.
    2. For the purpose of this section  a  quota  shall  mean  a  specific
  number  of  tickets or summonses issued for traffic violations including
  parking, standing or stopping which are required to be issued  within  a
  specified period of time.
    3.  Nothing provided in this section shall prohibit an employer or his
  duly authorized agent from transferring or taking any other  job  action
  against  such  employee  for  failure  to satisfactorily perform his job
  assignment of  issuing  tickets  or  summonses  for  traffic  violations
  including  parking,  standing  or  stopping  except  that the employment
  productivity of such employee shall not be measured by  such  employee's
  failure  to  satisfactorily comply with the requirement of any quota, as
  that term is defined herein, which may be established.
    * NB Effective until September 1, 2007
    * § 215-a.  Discrimination  against  employees  for  failure  to  meet
  certain ticket quotas. 1. No employer or his duly authorized agent shall
  transfer  or  in  any  other manner penalize an employee who is a police
  officer as to his employment solely because such employee has failed  to
  meet  a quota, established by his employer or his duly authorized agent,
  of tickets or summonses issued within a specified  period  of  time  for
  traffic  violations  other  than  parking,  standing  or  stopping.  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  previously assigned position of
  employment and shall be compensated by his  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 employment  he  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  tickets  or summonses issued for traffic
  violations other than parking, standing, or stopping.
    2. For the purpose of this section  a  quota  shall  mean  a  specific
  number  of tickets or summonses issued for traffic violations other than
  parking, standing or stopping which are required to be issued  within  a
  specified period of time.
    3.  Nothing provided in this section shall prohibit an employer or his
  duly authorized agent from transferring or taking any other  job  action
  against   such   employee  who  is  a  police  officer  for  failure  to
  satisfactorily  perform  his  job  assignment  of  issuing  tickets   or
  summonses  for  traffic  violations  other  than  parking,  standing  or
  stopping except that the employment productivity of such police  officer
  shall not be measured by such officer's failure to satisfactorily comply
  with the requirement of any quota, as that term is defined herein, which
  may be established.
    * NB Effective September 1, 2007