N.Y. Executive Law § 312: Equal employment opportunities for minority group members and women

* § 312. Equal employment opportunities for minority group members and

women. 1. All state contracts and all documents soliciting bids or

proposals for state contracts 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 members and women are afforded equal employment opportunities

without discrimination. For purposes of this article affirmative action

shall mean recruitment, employment, job assignment, promotion,

upgradings, demotion, transfer, layoff, or termination and rates of pay

or other forms of compensation.

(b) At the request of the contracting agency, 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, to furnish a written statement that

such employment agency, labor union or representative will not

discriminate on the basis of race, creed, color, national origin, sex,

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

will affirmatively cooperate in the implementation of the contractor's

obligations herein.

(c) The contractor shall state, in all solicitations or advertisements

for employees, that, in the performance of the state contract, all

qualified applicants will be afforded equal employment opportunities

without discrimination because of race, creed, color, national origin,

sex, age, disability or marital status.

2. The contractor will include the provisions of subdivision one of

this section in every subcontract, except as provided in subdivision six

of this section, in such a manner that the provisions will be binding

upon each subcontractor as to work in connection with the state

contract.

3. The provisions of this section shall not be binding upon

contractors or subcontractors in the performance of work or the

provision of services or any other activity that are unrelated, separate

or distinct from the state contract as expressed by its terms.

4. In the implementation of this section, the contracting agency shall

consider compliance by a contractor or subcontractor with the

requirements of any federal law concerning equal employment opportunity

which effectuates the purpose of this section. The contracting agency

shall determine whether the imposition of the requirements of the

provisions hereof duplicate or conflict with any such law and if such

duplication or conflict exists, the contracting agency shall waive the

applicability of this section to the extent of such duplication or

conflict.

5. The director shall promulgate rules and regulations to ensure that

contractors and subcontractors undertake programs of affirmative action

and equal employment opportunity as required by this section. Such rules

and regulations as they pertain to any particular agency shall be

developed after consultation with contracting agencies. Such rules and

regulations may require a contractor, after notice in a bid

solicitation, to submit an equal employment opportunity program after

bid opening and prior to the award of any contract, and may require the

contractor or subcontractor to submit compliance reports relating to the

contractor's or subcontractor's operation and implementation of any

equal employment opportunity program in effect as of the date the

contract is executed. The contracting agency may recommend to the

director that the director take appropriate action according to the

procedures set forth in section three hundred sixteen of this article

against the contractor for noncompliance with the requirements of this

section. The contracting agency shall be responsible for monitoring

compliance with this section.

6. The requirements of this section shall not apply to any employment

outside this state or application for employment outside this state or

solicitations or advertisements therefor, or any existing programs of

affirmative action regarding employment outside this state and the

effect of contract provisions required by subdivision one of this

section shall be so limited.

* NB Repealed July 1, 2028