N.Y. Environmental Conservation Law § 52-0111: Equal employment opportunity program

§ 52-0111. Equal employment opportunity program.

1. All contracts for design, construction, services and materials

pursuant to this article of whatever nature and all documents soliciting

bids or proposals therefor shall contain or make reference to the

following provisions:

a. The contractor will not discriminate against employees or

applicants for employment because of race, creed, color, national

origin, sex, age, disability, or marital status, and will undertake or

continue existing programs of affirmative action to ensure that minority

group persons and women are afforded equal opportunity without

discrimination. Such programs shall include, but not be limited to,

recruitment, employment, job assignment, promotion, upgrading, demotion,

transfer, layoff, termination, rates of pay or other forms of

compensation, and selections for training or retraining, including

apprenticeship and on-the-job training.

b. At the request of the department or the office, the contractor

shall request each employment agency, labor union, or authorized

representative of workers with which it has a collective bargaining or

other agreement or understanding and which is involved in the

performance of the contract with the agency to furnish a written

statement that such employment agency, labor union or representative

shall not discriminate because of race, creed, color, national origin,

sex, age, disability or marital status and that such union or

representative will cooperate in the implementation of the contractor's

obligations hereunder.

c. The contractor will state, in all solicitations or advertisements

for employees placed by or on behalf of the contractor in the

performance of the contract with the agency, that all qualified

applicants will be afforded equal employment opportunity without

discrimination because of race, creed, color, national origin, sex, age,

disability or marital status.

d. The contractor will include the provisions of paragraphs a through

c of this subdivision in every subcontract or purchase order in such a

manner that such provisions will be binding upon each subcontractor or

vendor as to its work in connection with the contract with the agency.

2. The department and the office shall establish procedures and

guidelines to ensure that contractors and subcontractors undertake

programs of affirmative action and equal employment opportunity as

required by this section. Such procedures may require after notice in a

bid solicitation, the submission of an affirmative action program prior

to the award of any contract, or at any time thereafter, and may require

the submission of compliance reports relating to the operation and

implementation of any affirmative action program adopted hereunder. The

department or the office may take appropriate action including

contractual sanctions for non-compliance to effectuate the provisions of

this section and shall be responsible for monitoring compliance with

this article.