NY Lab L § 215-A (2021)
2021 New York Laws LAB - Labor Article 7 - 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, 2023* § 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, 2023