The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of the bill was introduced in the New York State Assembly.  If enacted, the reporting requirements would take effect two years after becoming law.

This proposed legislation would amend the New York Business Corporation Law and the Limited Liability Company Law to require that corporations and limited liability companies that are required to file an employer information report EEO-1 with the federal Equal Employment Opportunity Commission also be required to submit substantially similar demographic workforce data to the New York Secretary of State. The Secretary of State would then publish the data on gender, race, and ethnicity of each entity’s employees online within 90 days of receipt.

The EEO-1 must be filed annually by all private employers with 100 or more employees and by certain federal contractors with 50 or more employees. It requires reporting of aggregated employee demographics by gender and race/ethnicity across ten delineated job categories.

If enacted, the law would continue a trend in states placing heightened reporting obligations on employers. For example, since 2020, California has required private employers of 100 or more employees with at least one employee in California to report certain employee pay data to the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing) on an annual basis. The California law was subsequently amended to expand reporting requirements (including as related to contract employees) and impose civil penalties on employers that fail to comply. And effective March 24, 2022, the Illinois Equal Pay Act was amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate by March 23, 2024, and every two years thereafter.

We will monitor and report on updates to the proposed legislation as they become available.

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Photo of Allan Bloom Allan Bloom

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages…

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.

As the leader of Proskauer’s Wage and Hour Practice Group, Allan has been a strategic partner to a number of Fortune 500 companies to help them avoid, minimize and manage exposure to wage and hour-related risk. Allan’s views on wage and hour issues have been featured in The New York TimesReutersBloomberg and Fortune, among other leading publications. His class-action defense work for clients has saved hundreds of millions of dollars in potential damages.

Allan is regularly called on to advise boards of directors and senior leadership on highly sensitive matters such as executive transitions, internal investigations and strategic workforce planning. He also has particular expertise in the financial services industry, where he has litigated and arbitrated cases, including at FINRA and its predecessors, for more than 20 years.
A prolific author and speaker, Allan was the Editor of the New York State Bar Association’s Labor and Employment Law Journal from 2012 to 2017. He has served as an author, editor and contributor to a number of leading treatises in the field of employment law, including ADR in Employment Law (ABA/Bloomberg BNA, Senior Editor), Employment Discrimination Law (ABA/Bloomberg BNA, Final Proof Editor), Cutting Edge Advances in Resolving Workplace Disputes (Cornell University/CPR, Editor), The Employment Law Review (Law Business Research, U.S. Chapter Author), and The Complete Compliance and Ethics Manual (SCCE, Chapter Author).

Allan is a member of the NYSBA’s House of Delegates, sits on the Executive Committee of the NYSBA’s Labor and Employment Law Section, and is a Fellow of the College of Labor and Employment Lawyers. He has been recognized as a leading practitioner by Chambers since 2011.

Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura M. Fant Laura M. Fant

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced…

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced in conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors that include retail, hospitality, sports and not-for-profit. She also handles general employment counseling and has experience in reviewing and updating employee handbooks and company policies under federal and state law.