Section 215-A. Discrimination against employees for failure to meet certain ticket quotas  


Latest version.
  • 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