Section 215-A. Discrimination against employees for failure to meet certain ticket quotas
Latest version.
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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, 2011