A 3189: Relates to creating a company climate report system to assess the workplace environment of companies doing business in New York with a focus on sexual harassment and discrimination policies and the frequency and handling of claims, settlements and cases by such companies.

  
  STATE OF NEW YORK ________________________________________________________________________ 3189 2025-2026 Regular Sessions  IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to creating a company climate report system to assess the workplace environment of companies doing business in New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 295-a 2 to read as follows: 3 § 295-a. Company climate reports. 1. (a) Every company that does busi- 4 ness in New York state shall file a biennial climate report with the 5 division. The requirements for the form and content of such climate 6 report shall be promulgated by the commissioner and at a minimum shall 7 include: 8 (i) Company climate surveys to be filled out anonymously by employees, 9 which are designed to assess such company's workplace environment 10 including, but not limited to, pay equity, sexual harassment and 11 discrimination based on an individual's age, race, creed, color, 12 national origin, sexual orientation, military status, sex, disability, 13 predisposing genetic characteristics, familial status, marital status or 14 domestic violence victim status. 15 (ii) A copy of the company's sexual harassment and anti-discrimination 16 policies. 17 (iii) Records of any sexual harassment or discrimination claims, 18 settlements and cases and the disposition thereof. 19 (b) A company filing a company climate report shall not include any 20 names or other personally identifying information in such report. 21 2. (a) The commissioner shall develop a grading system to rate a 22 company's workplace environment and handling of sexual harassment and 23 discrimination issues, determine what constitutes a passing score in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05310-01-5 
 A. 3189 2 1 such system and create an appeal process for a company to appeal a fail- 2 ing score. 3 (b) The division shall aggregate the data provided in each company 4 climate report received and assign each company a score on the grading 5 system created in paragraph (a) of this subdivision. 6 (c) The division shall create and thereafter maintain a publicly 7 accessible website which shall contain the content of the company 8 climate report and corresponding score for each company. 9 3. A company which receives a failing score and does not successfully 10 appeal such score shall be required to implement changes recommended by 11 the division to improve such score. A company who fails to improve such 12 score to a passing score within two years shall be ineligible for any 13 type of state benefit, including but not limited to submitting a bid to 14 any contracting agency, as defined in section three hundred ten of this 15 chapter, or be awarded any such contract or tax credits awarded by the 16 state, until such time as such company receives a passing score from the 17 division. 18 § 2. This act shall take effect on the ninetieth day after it shall 19 become a law. Effective immediately, the addition, amendment and/or 20 repeal of any rule or regulation necessary for the implementation of 21 this act on its effective date are authorized to be made and completed 22 on or before such effective date.