2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
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, 2013
    * § 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, 2013